O'Toole & Williams Law

Is an employee entitled to an accommodation under the ADA in order to avoid exposing a family member who is at higher risk of severe illness from COVID-19 due to an underlying medical condition?

2025-01-31T12:46:12Z

Is an employee entitled to an accommodation under the ADA in order to avoid exposing a family member who is at higher risk of severe illness from COVID-19 due to an underlying medical condition? No. Although the ADA prohibits discrimination based on association with an individual with a disability, that protection is limited to disparate treatment or harassment. The ADA does not require that an employer accommodate an employee without a disability based on the disability-related needs of a family member or other person with whom she is associated. For example, an employee without a disability is not entitled under the ADA to telework as an accommodation in order to protect a family member with a disability from potential COVID-19 exposure. Of course, an employer is free to provide such flexibilities if it chooses to do so. An employer choosing to offer additional flexibilities beyond what the law requires should be careful not to engage in disparate treatment on a protected EEO basis. https://www.eeoc.gov/

Jackson County couple sues three Kentucky State Police troopers

2025-03-04T08:41:50Z

JACKSON COUNTY, KY (WAVE) – A Jackson County couple filed a lawsuit against three Kentucky State Police troopers for alleged harassment and intimidation. David Allen Gabbard was pulled over by a trooper near his home back in September of 2017, according to the federal lawsuit. The trooper searched his car and then allowed Gabbard to leave. Gabbard posted his frustrations to Facebook saying he was pulled over for no reason. Click here for the full article:

Deadly DUI crash kills three

2019-09-23T23:56:11Z

While driving under the influence is a danger to everyone on the road, it is unfortunate that a lot of people in Kentucky end up getting DUI charges every year. However, many people learn after their first charge and do not repeat the same behavior.

Some people, on the other hand, do not seem to realize the gravity of their mistakes. This is exactly what happened with a woman who, on Wednesday, September 4th, was charged with her fifth DUI, according to WDRB. She was also charged with driving without a license.

If it turns out to be proven true in the court of law that this woman was indeed driving under the influence, it makes quite a statement. It would mean that despite being educated in the past about the risks of driving while intoxicated, this woman drove with the knowledge that she could be putting the lives of others in jeopardy. This time her mistake has affected many more people than herself, as the head-on collision killed the passenger in her truck and the two people in the other car.

The police say that other charges are pending as well, which indicates that the woman may be facing vehicular homicide charges. The woman’s sister was her passenger. Why her sister was willing to put trust in a driver who was intoxicated and had multiple past DUI charges is unknown, and it is possible nobody will ever know, now that she is dead.

DUI charges can be life-altering and very expensive. Anyone who has been charged with a DUI may need a competent attorney to defend them in court.

Is it possible to get a child support modification in Kentucky?

2019-09-23T23:53:10Z

If you have been through a divorce with children in Kentucky, it is possible that you are obligated to make child support payments every month. The intention of child support is so that the custodial parent will be able to raise the child in a way that best fulfills the child’s needs. Child support is supposed to prevent a divorce from negatively impacting the resources that will be available to a child who may now be raised by a single parent.

But what if circumstances have changed since the divorce date? Maybe your ex-spouse has a new partner that is well-to-do, or maybe you have taken a hit to your income that makes it impossible for you to make the child support payments that are expected of you. In situations like these, it may be possible to get a child support modification by filing a request for review and modification with the requisite court.

What the court considers

Once you file your petition, the court will take the information provided into account in making its final decision. The Kentucky Cabinet for Health and Family Services states that the court will look at how much you pay for child care, how much you pay for child support, how much you pay for spousal support, how much you pay for child health insurance and what your gross monthly income is. Once considering all of this information, the court will make its decision based on the best interest of the child.

This article is meant to provide information about child support modification, and is not a form of legal advice.

What happens in chapter 7 bankruptcy?

2019-09-23T23:50:16Z

If you have been unable to pay off your debts and do not have a windfall coming anytime soon, you may be considering filing for bankruptcy. The two main alternatives that individuals in Kentucky have to decide between are chapter 7 and chapter 13. Here we will examine chapter 7 bankruptcy in order to provide you with a basic understanding of what it entails.

What happens in chapter 7

The United States Courts provide a detailed explanation of what is involved in the different types of bankruptcies. A chapter 7 bankruptcy is where you can expect to have many of your assets liquidated and used to pay off your debts. When filing under chapter 7, certain assets can be specified as being exempt from this liquidation process.

Chapter 7 bankruptcy also places a stay on all debt collection efforts against you, allowing you time to complete all of the bankruptcy proceedings without having to deal with lawsuits and wage garnishments. The liquidation of your assets and administration of your case will be undertaken by a state-appointed impartial trustee, who will meet with you and your creditors.

Eligibility under chapter 7

You can only file under chapter 7 if you have received credit counseling within the 180 days prior. Filing for chapter 7 bankruptcy requires that you meet a certain income threshold, which is determined in a process known as the means test. It is also helpful to know that if your income is below 150% of the poverty level, you may be able to have the costs of filing for bankruptcy waived.

This is an informational article that is not to be used as legal advice.

What are the penalties for driving under the influence in Kentucky?

2019-09-23T23:48:01Z

Driving while intoxicated is a danger to you and to everyone else on the road. If you choose to drive while under the influence or otherwise impaired in Kentucky, you could end up seriously injuring or even killing someone. If the possibility of a vehicular homicide case does not perturb you, then even so, the state has a rather severe set of penalties for DUI alone.

Whether you are driving on a prescription medicine or after having some drinks, you can be charged with a DUI or DWI if the officer who pulled you over believes you were intoxicated to the point at which your driving abilities were impaired. If you do get pulled over for a DUI or DWI, the charge carries with it some significant potential penalties.

Suspension of driving privileges

According to the Kentucky Transportation Cabinet, on your first DUI offense, your driver’s license will be taken away. Your driving privileges could be suspended for anywhere from 30 to 120 days.

Those who have multiple offenses will face longer periods of suspension. You could have your license suspended for up to 60 months if you have received your fourth DUI charge within a 10 year span.

Substance abuse treatment

Substance abuse treatment can come in the form of education programs, rehabilitation or mental health counseling. Your first offense will typically result in 90 days in one of these programs, while repeat offenders can expect to be in one of these programs for a whole year.

In addition to the above penalties, you can also potentially face probation or jail time for a DUI, in addition to fines and court fees. This can have a profound impact on your day-to-day life.

This article is purely informative and should not be taken as legal advice.

Do you need to have a reason to file for divorce in Kentucky?

2019-09-23T23:45:19Z

Some states have laws that require the spouse who files for divorce to be able to prove that his or her spouse has acted in a way that justifies the dissolution of the marriage Typically this is viewed as any form of marital misconduct, which can include adultery, drug addiction or domestic abuse, among other things.

As the Legal Aid Network of Kentucky points out, Kentucky is a “no fault” state, meaning that you can actually file for divorce without having to prove anything about the contact of your spouse. The only thing that you have to tell the court is that the marriage is “irretrievably broken.”

Other requirements for a divorce

Even though you have relative freedom in your reasoning for why to file for a divorce, there are still some other circumstances that are necessary before the divorce can take place. Regardless of when you filed for a divorce, you and your spouse must be separated for at least 60 days before the divorce can be finalized.

In addition, you must be a resident of the county in the court of which you file for divorce. In addition, either you or your spouse must have lived in Kentucky for at least 180 days before you can file in this state. Beyond these requirements, just make sure that you can afford the fee of $113 that is required to file for divorce.

This article is meant to inform you about divorce in Kentucky and is not a form of legal advice.

If you are about to declare bankruptcy, consider an attorney

2025-03-20T08:18:40Z

If you are at the point in your life where bankruptcy seems to be looming over the horizon, hiring a Kentucky attorney may not be the first thing on your mind. You may think that getting legal advice is not an option if you are struggling to pay off your other debts. However, when you declare bankruptcy, it gives you an opportunity to restructure all of your finances and work off a plan to pay off your debts, including the costs of an attorney. We at [nap_names id="FIRM-NAME-1"] have even seen instances where creditors have overstepped their bounds in their collection efforts, and have ended up being forced to pay for the costs of debtors’ bankruptcy attorneys. There are a lot of ways that working with a bankruptcy attorney can actually help you to save money in the long run. For example, when filing for bankruptcy, you will have to decide whether to go with Chapter 7 or Chapter 13. Plus, if you are considering filing for bankruptcy as a business owner, Chapter 11 bankruptcy becomes an option. Once deciding on the type of bankruptcy to file under, you still need to work out a plan. Whether it is how to go about restructuring your business, deciding which assets to liquidate or just finding a way to keep your home, the advice of an experienced attorney can be invaluable. Whatever path you choose to take should be one that is chosen carefully and from an informed perspective. If you need more information about what is involved in bankruptcy cases, you can find it on our website.

An attorney can make a difference in a DUI case

2025-03-20T08:19:46Z

If you have been charged with a DUI in Kentucky, you probably feel that you have either made a huge mistake, or that you have been unfairly blamed for a crime you did not commit. Regardless of which of these circumstances applies to you, the fact remains that a DUI charge can have a big impact on your life, and this does not simply stop at the revocation of your driving privileges. At [nap_names id="FIRM-NAME-1"], we have helped reduce the charges for many DUI clients, giving them another chance when things seemed hopeless. DUI penalties can be severe Even if it is only your first DUI, you will likely be dealing with fines and court fees, on top of alcohol education, community service, probation or possibly jail time. If you have prior DUI charges, you can expect that the penalties the court attempts to levy against you will be more severe. Even in the most stressful circumstances, keeping a cool and informed head can help to mitigate the consequences. A skilled attorney can help you to evaluate the important factors that will help you to make your case. For example, depending on how things went when you got pulled over, it is possible that your blood alcohol test results are not even admissible in court. In some cases, it is possible to even get a DUI charge dismissed. However, the result of the case depends on a lot of factors. If you would like to learn more about DUI charges, visit our web page.

Getting a divorce? An attorney can help

2025-03-20T08:20:34Z

A lot of people in Kentucky will tell you that there are tricks to getting what you deserve out of a divorce, such as how to fill out the forms and what information to share and withhold from the court. However, an experienced attorney can tell you which forms are actually necessary and unnecessary, how to fill them out, and what information you can or should withhold. We at [nap_names id="FIRM-NAME-1"] have helped many people through the difficult situations that arise in family law, including division of property, spousal maintenance and child support. Deciding who gets what property in a divorce Every state has its own laws determining how property is to be divided in divorces. The decision usually comes down to two questions: Which property is individual and which is marital? And then: How is marital property to be divided based on specific qualifying circumstances? A lawyer who has helped many clients in family law matters will be able to tell you what property is considered to be yours, and can help you to gain a favorable decision as to how the joint property is to be divided. If you can make a strong case before the court, you may be able to walk away from a divorce with a fair and satisfactory result. However you cut it, divorce is a process that can take a while and that can be very strenuous on you and your family. Informing yourself about this process can give you a bargaining advantage. We have information about divorce and other family law matters on our website.