Plaintiff and Employee Litigation

• Gender Discrimination: The law prohibits employers from giving less favorable treatment to employees based on their gender –- either male or female. For instance, your employer may have given you a demotion, cut in pay, suspension, loss of benefits, or termination. When that happens, if the employer has treated employees of the opposite gender more favorably, you may have legal recourse. http://www.eeoc.gov/laws/types/sex.cfm.

• Sexual Harassment: Female and male employees are also protected from a hostile sexual environment in the workplace. That means that if a co-worker or supervisor has created a verbally or physically abusive sexual atmosphere, you may have a legal remedy. http://www.eeoc.gov/laws/types/sex.cfm.

• Age Discrimination: This law protects employees who are over forty-years of age and are able to do their job as well as younger employees. For instance, if you are over forty and the employer has taken a negative job action against you, the law may give you a legal remedy if younger employees are treated more favorably. http://www.eeoc.gov/eeoc/publications/age.cfm.

• Disability Discrimination: If you have a physical or mental disability, the law also protects your employment rights. The law does that if you are able to do your job either without accommodation or with reasonable employer accommodation. http://www.eeoc.gov/laws/types/disability.cfm.

• Race/National Origin: Just as with gender and age discrimination, if your employer treats you less favorably than employees of different races or national origin, you may have a legal claim. http://www.eeoc.gov/laws/types/race_color.cfm.

• Pregnancy Discrimination: If an employer takes an adverse job action after learning that you are pregnant, you may have legal recourse. http://www.eeoc.gov/laws/types/pregnancy.cfm.

• Religious Discrimination: Your employer also cannot discriminate against you because of your religion. http://www.eeoc.gov/laws/types/religion.cfm.

• Family Medical Leave Act (FMLA) The FMLA protects employees who have worked one year or more for an employer that has more than 50 employees close to your workplace. That means the employer must give you time off for at least twelve weeks out of each year time if you have a serious health condition. After you take time off, the employer must reinstate you to the same or similar position. The employer also may not retaliate against you if you have taken FMLA leave. http://www.dol.gov/whd/fmla.

• Overtime Violations: If you are not a supervisor or executive, your employer may be required to pay you time-and-a-half for working more than forty hours a week. http://www.dol.gov/dol/topic/wages/overtimepay.htm.

• Retaliation: If you have raised a legitimate concern to your employer about any of these potential discriminatory practices, the law protects you from retaliation. That means that, if you have a good-faith belief that the employer has discriminated against you or a co-worker, the employer cannot take an adverse job action against you based on your objection to the potential discrimination.

• Workers’ Compensation Retaliation: You may have a legal claim if your employer has taken an adverse job action after you filed for workers’ compensation. http://codes.ohio.gov/orc/4123.90.

• Union Employees: Most union employees are covered by a collective bargaining agreement (CBA). Based on the terms of the CBA, the union is required to fairly represent the members’ interests. The employer also is required to abide by the terms of the CBA. Besides rights under the CBA, however, the law gives union members protection against some types of unfair union or employer conduct. http://www3.ce9.uscourts.gov/jury-instructions/node/224;
http://www.dol.gov/olms/regs/compliance/lmrdaqanda.htm.

• First Amendment Free Speech: In some circumstances, federal, state, or municipal employees are protected from discrimination or retaliation based on their First Amendment rights. As a general matter, but in limited circumstances, public employees have greater free speech rights than individuals who work for private employers. http://www.law.cornell.edu/supremecourt/text/391/563.

• Whistleblower: The law provides a broad range of protections for employees who report illegal activity in the workplace. The effect of these laws depends on the type of employer and the kind of alleged illegal conduct. The different laws also have strict technical procedural requirements. It is often best for employees seek legal advice prior to making this type of complaint. http://codes.ohio.gov/orc/4113.52.

• Right to Consult with an Attorney: The law also protects you from retaliation for contacting an attorney regarding your rights as an employee. http://caselaw.findlaw.com/oh-court-of-appeals/1200372.html.

• Breach of Contract: If you have an enforceable contract with your employer, the law requires the employer to live up to the terms of that contract.

• Short-Term and Long-Term Disability: If your employer has a disability plan, your rights are governed Employee Retirement Income Security Act (ERISA). Based on the ERISA statute, you may have an administrative or judicial remedy if you are denied disability benefits. http://www.dol.gov/dol/topic/health-plans/erisa.htm.

• Non-Compete Agreements: As an employee, you may have signed an agreement that restricts your right to work after you leave your employer. Some of these agreements put reasonable restrictions on when and where employees can work after they leave a job. Others are overly restrictive and cannot be enforced. https://casetext.com/case/raimonde-v-van-vlerah.

• Trade Secrets: As a general matter, all employees are prohibited from revealing their employers’ trade secrets. http://codes.ohio.gov/orc/1333.61.

• Severance Agreements: When a company terminates or lays and employee off, the employer sometimes will offer the individual a severance payment with a separation agreement. In that circumstance, it is best for an attorney to look carefully at the terms of the agreement to make sure that the package is really in the employee’s best interest.

  • Gender discrimination
  • Sexual harassment
  • Age discrimination
  • Overtime violations
  • Disability discrimination
  • Failure to accommodate
  • Family Medical Leave Act
  • Worker’s compensation retaliation
  • Race/National origin discrimination
  • Defamation
  • Whistleblower
  • Retaliation
  • First Amendment
  • Breach of contract
  • Non-compete agreements
  • Severance agreements
  • Rights of union employees
  • Religious discrimination
  • Pregnancy discrimination
  • Short-term and long term disability
  • Employee benefits