What your HR and leadership team needs to know about recording, trespass, and staffing before an in-person termination.
Planning security for an in-person termination in Kentucky starts with controlling the physical environment and anticipating the two moments of real legal exposure: how the meeting is documented and what happens if the employee refuses to leave afterward. Kentucky law gives employers more flexibility than many states expect on recording the meeting for liability protection.
Most Kentucky terminations are handled best with a plain-clothed, unarmed security presence stationed nearby rather than visibly posted in the meeting itself. The meeting itself should happen in a private room with two clear exits, away from the employee's direct coworkers, and should include at minimum the employee's manager and an HR representative as witnesses.
Kentucky is a one-party consent state under KRS 526.010, so a company representative in the room, such as the HR lead or manager, can legally record the termination conversation without telling the employee or getting their agreement. Businesses should still set an internal policy on when recording is used and who controls the recording afterward.
Once employment ends, the former employee's authorization to be on the property ends with it, and Kentucky's criminal trespass statutes, KRS 511.070 and 511.080, make it a crime to remain on premises after being told to leave. A business should have a clear, pre-planned script for a manager or security officer to communicate that the individual must depart immediately, and a plan for contacting local police if the person refuses.
Yes. Kentucky is a one-party consent state under KRS 526.010, so any participant in the conversation, including the manager or HR representative conducting the termination, can legally record it without notifying or getting agreement from the employee being let go.
Under KRS 511.070 and 511.080, remaining on the property after being told to leave is a criminal trespass once employment authorization has ended. Security or management should clearly and calmly instruct the person to depart, document the refusal, and call local police if the individual still will not go.
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