Employment Litigation
MY AREAS OF LITIGATION EXPERIENCE
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.
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.
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.
https://www.eeoc.gov/age-discrimination
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.
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.
https://www.eeoc.gov/racecolor-discrimination
Pregnancy Discrimination
If an employer takes an adverse job action after learning that you are pregnant, you may have legal recourse.
https://www.eeoc.gov/pregnancy-discrimination
Religious Discrimination
Your employer also cannot discriminate against you because of your religion.
https://www.eeoc.gov/religious-discrimination
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 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.
Overtime Violations
If you are not a supervisor or an executive, your employer may be required to pay you time-and-a-half for working more than forty hours a week.
Retaliation
Workers' Compensation Retaliation
You may have a legal claim if your employer has taken an adverse job action after you filed for workers’ compensation.
https://codes.ohio.gov/ohio-revised-code/section-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.
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.
https://constitution.congress.gov/browse/essay/amdt1-7-1/ALDE_00013537/
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 to seek legal advice prior to making this type of complaint.
https://codes.ohio.gov/ohio-administrative-code/rule-3349-7-165
Right to Consult with an Attorney
The law also protects you from retaliation for contacting an attorney regarding your rights as an employee.
https://caselaw.findlaw.com/court/oh-court-of-appeals/1200372.html
Breach of Contract
Short-Term and Long-Term Disability
If your employer has a disability plan, your rights are governed by the 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.
Non-Compete/Non-disclosure Agreements
As an employee, you may have signed an agreement that restricts your right to work after you leave your employer. The law in this area currently is in flux. The common law as it is generally being enforced, however, provides that 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.
Trade Secrets
As a general matter, all employees are prohibited from revealing their employers’ trade secrets. https://codes.ohio.gov/ohio-revised-code/section-1333.61
Severance Agreements
My Employment-Litigation Experience
In my more than thirty years of practice, I have successfully represented clients in almost every one of these employment-related areas. In those areas of litigation, I have represented women, men, and disabled persons, who were employed as executives, real estate professionals, educators, medical providers, law-enforcement authorities, clerks, waiters, sales persons, engineers, designers, union members, factory workers, managers, government employees, military veterans, accountants, automobile technicians, architectural employees, truck drivers, and social workers. I have represented those persons in state and federal court, in the EEOC and the OCRC, and at trial and on appeal.