Lexington Criminal Defense And Family Law Blog

Employment contracts must make allowances for military personnel

On behalf of Green Chesnut & Hughes PLLC posted in employment law on Wednesday, October 9, 2019.

Entering into an employment agreement with a company in Kentucky involves an understanding between the employer and employee that certain terms and conditions of employment will be met by both parties. The employer will pay the employee for work performed and the employee agrees to do the work. Some jobs have a regular five day a week schedule and others, such as movie theaters, have a variable schedule. Employment contracts stipulate that an employee agrees to be available as scheduled. There is an exception for military personnel.

A young man graduating from high school went to work for a local movie chain, and a few years later he joined the National Guard and retained his job at the movie theater. During this time, he was promoted to management at the theater. He was always granted leave, as legally required, from his job to fulfill his military obligations though his supervisor did frequently complain that it was an inconvenience. When the man could not work a late opening night special because of military obligations, his supervisor fired him.

Will the court approve a child custody agreement modification?

On behalf of Green Chesnut & Hughes PLLC on Tuesday, October 8, 2019.

Pleased with your job performance, your employer is offering a promotion with greater responsibilities and a hike in salary. There is just one catch: You must move from Lexington to Louisville.

You have physical custody of your child, so she or he will relocate with you as long as the court approves your request for child custody agreement modification.

Business ownership and credit card debt can complicate divorce

On behalf of Green Chesnut & Hughes PLLC posted in high asset divorce on Thursday, September 26, 2019.

Divorce can be a complex proceeding in Kentucky. The more assets and liabilities involved, the more complex it can be, particularly if the couple shares a business ownership. One issue may revolve around the resolution of credit card debt. How complicated the process is may be determined by how the credit cards are set up.

Many credit card accounts are held by both partners, but how they are configured can affect how they will be treated in a divorce. A joint account typically grants equal access to the card to both account holders. Another option is designating one spouse as an authorized user on an account. With a joint account, both parties are held equally responsible for paying off the debt. In the authorized user scenario, both parties have access to the card, but only the person who opened the account is ultimately responsible for repaying the debt.

Charges for drug crimes results from traffic stop

On behalf of Green Chesnut & Hughes PLLC posted in drug crimes on Thursday, September 12, 2019.

Sometimes a traffic stop can turn into something else. A man in Kentucky who was pulled over on suspicion of driving a stolen car may have gotten more than he bargained for -- a drug crimes charge. Officers pulled the man over and discovered that the car had indeed been reported stolen. A subsequent search of the car allegedly resulted in finding a backpack containing a plastic bag that held a number of pills.

The incident occurred on a recent morning about 11 a.m. The vehicle, which had been reported stolen, was spotted near Hopkinsville. The accused was 23-year-old male from the area.

Medicare fraud charges can lead to criminal charges

On behalf of Green Chesnut & Hughes PLLC posted in white collar crimes on Wednesday, August 28, 2019.

The addiction crisis continues to ravage Kentucky and other states across the country. There are medical means to help those affected and a local doctor was accused of Medicare fraud after allegedly writing more prescriptions for an addiction treatment medication than she was authorized to write. The drug, buprenorphine, more commonly known as Suboxone, is prescribed in the treatment for opioid addiction.

Current law limits the number of patients who can be treated to 100 per month. This is done predominantly because buprenorphine can be diverted for illegal use. The civil complaint against the doctor alleged that she treated as many as 294 people a month during the time period in question. The doctor agreed to a settlement where she will pay a fine of $1.4 million. The settlement did not include an acknowledgement of wrongdoing.

Dividing a business in a Kentucky divorce

On behalf of Green Chesnut & Hughes PLLC on Tuesday, August 20, 2019.

The divorce process is quite complex, and it is important to understand the various aspects of it. For divorcing parties who own a business together, there are additional aspects to consider.

To complete the divorce properly and efficiently, it is beneficial to understand the steps one must take. In regards to the division of a business during divorce, there are a few key steps in the process.

Chain of custody important in case of money laundering

On behalf of Green Chesnut & Hughes PLLC posted in white collar crimes on Tuesday, August 13, 2019.

The war on drugs and related illegal activities is an ongoing one in Kentucky and around the nation. A recent case out of Lexington has implicated a couple in a money laundering scheme connected to alleged drug activity. The investigation leading to the arrests began in 2016.

The couple, a gentleman from China and the wife of a man who was previously convicted of drug trafficking, were arrested on suspicion of money laundering. Their case was recently heard in federal court. The two received sentences of up to five years.

Citizen call leads to charges for meth possession

On behalf of Green Chesnut & Hughes PLLC posted in drug crimes on Tuesday, July 30, 2019.

The drug crisis on Kentucky is an ongoing one and citizens are doing what they believe is their part to help combat the crisis. There is no doubt that it is a real crisis and there are people in the state who are committing drug crimes involving meth and other drugs. When people are arrested and charged with crimes they have the right to due process as guaranteed in the U.S. Constitution.

A recent anonymous call regarding possible drug activity at a home in the caller's neighborhood resulted in eight arrests of people found at the home with an assortment of drugs and drug paraphernalia. Five of the eight have prior criminal records. The remaining three were charged with possession of drugs and drug paraphernalia.

Employer failure to pay premiums may constitute fraud

On behalf of Green Chesnut & Hughes PLLC posted in white collar crimes on Monday, July 15, 2019.

If asked, many people in Kentucky would probably say that having health insurance is very important in their lives. They pay premiums and expect that the insurance will be there if they need it. A class action suit alleging fraud was recently brought against a now bankrupt hospital in the eastern part of the state.

The litigants are former employees of the hospital. They claim that the hospital withheld money from paychecks to cover the employee share of the premiums but failed to pay the insurance premiums. This resulted in the employees being personally responsible for millions of dollars in health care bills that they believed they had health insurance to cover.

Employment handbooks may include pregnancy accommodations

On behalf of Green Chesnut & Hughes PLLC posted in employment law on Thursday, July 4, 2019.

Finding out that she is expecting a baby can be one of the happiest moments in a woman's life. That is unless she fears losing her job if her employer finds out. A new law passed in Kentucky will serve to protect women against workplace discrimination in the event of a pregnancy. The law also stipulates that workplaces must make reasonable accommodations for pregnant and/or nursing mothers. These accommodations may be included in employment handbooks going forward to offer women a little more job security.

The law, known as the Kentucky Pregnant Worker's Act, details the responsibility of an employer to make appropriate allowances and accommodations for pregnant employees. These accommodations may include longer breaks and lighter duty if needed. The law also stipulates that nursing mothers have access to a private space other than a restroom.