Hickey v. General Electric Co.

A plaintiff may bring a private right of action under Ky. Rev. Stat. 446.070 against an employer for an alleged violation of Ky. Rev. Stat. 341.990(6)(a), Kentucky’s criminal prohibition against making false statements during unemployment proceedings.Plaintiff brought suit against Employer, alleging that he suffered damages due to being temporarily deprived of his unemployment benefits. Employer’s successor-in-interest, the real party-in-interest, removed the case to federal court and moved to dismiss Plaintiff’s section 446.070 claim for failure to state a cognizable legal claim. The federal court denied the motion to dismiss and requested certification of law from the Supreme Court. The Supreme Court answered the question as set forth above and held that Plaintiff’s section 446.070 claim for an alleged violation of section 341.990(6)(a) was cognizable under Kentucky law. View "Hickey v. General Electric Co." on Justia Law