Ohio is an at-will state for employment purposes. That does not mean employers can mistreat their workers, discriminate against them, or wrongfully terminate their employment. Employers and employees can handle employment disputes through arbitration, mediation, or in court, if necessary.
Our dedicated Ohio employment lawyers at Dungan & LeFevre are ready to hear your employment case and help hold your employers responsible if they discriminated against you. Call our team at 937-770-6225 to learn more about the steps you can take to demand justice.
Types of Employment Law Violations in Ohio
We want to protect the rights of employees at work. With so many regulations regarding employment, workers could experience several types of violations.
These cases usually take time to resolve, so it’s critical to remember that there won’t be an instant payout, and there may not be an easy resolution.
Employers looking for representation in an employment dispute, check here.
Pre-Employment Disputes
Before you sign your employment contract, work with your employment law attorney to protect yourself. An employer should have detailed offers with clear expectations for all prospective employees.
Contract Negotiation
It is not unusual for future employees to find themselves going through their contracts with a fine-tooth comb. Many disputes can arise in the contract negotiation process. We frequently assist with matters such as:
- Equity grants
- Compensation
- Employee benefits
- Scope of employment
- Contract terms
- Termination of contract
- Employee liability protection
- Reimbursement of expenses
- Invention assignment disputes
- Confidentiality issues
- Post-employment limitations
- Miscellaneous provisions in an employment contract
- Death and disability
- Golden parachutes
- Contract dispute resolution
Pre-Employment Document Review
Our employment law attorneys are prepared to review your pre-employment documents in depth. We want to ensure your future employer is not taking advantage of you and follows state and federal laws.
Employment Law Issues
While you are employed, you are protected by state and federal employment laws. Here are some of the top employment law issues our firm is prepared to handle:
Wrongful Termination
Ohio is an at-will state for employment, which means your employer can terminate your working relationship at any time for nearly any reason. However, if your employer violates termination laws at the state or federal level, you may have the right to compensation.
Discrimination
The Equal Employment Opportunity Commission (EEOC) handles discrimination complaints against employers nationwide. Your employer is prohibited from discriminating against you if you are a protected class member. This includes discrimination based on:
- Age
- Race
- Gender
- Disability
- Religion
- National origin
Discrimination involves unethical business practices, such as paying you less than your counterparts, being passed over or denied promotions, decreasing your pay, or being demoted.
Family and Medical Leave Act (FMLA)
You have the right to take a leave from work without losing your position for specific types of family and medical emergencies. If your employer fails to approve your time off under the FMLA or terminates your employment for one of these protective reasons, you may have the opportunity to take legal action against them.
Improper Classification
You must be classified appropriately by your employer. Some employers attempt to reduce tax obligations by classifying their employees as independent contractors.
This could devastate you financially when it is time to file your taxes and you discover you owe money to the IRS.
Retaliation Issues
Companies have been known to retaliate against their employees when they report misconduct, employment law violations, securities violations, and criminal activity in the workplace.
Retaliation can include demotions, terminations, harassment, or intimidation. If your employer retaliates against you, they can be held accountable in civil court.
Sexual Harassment
Sexual harassment can lead to severe emotional distress and make it difficult or impossible for you to complete work. Sexual harassment can include unwanted sexual advances, verbal abuse, and quid pro quo. We can hold the people who sexually harassed you responsible. We can also pursue legal action against your supervisors or the company for allowing it to happen.
Unpaid Compensation
You have the right to pursue compensation for unpaid wages if your employer fails to compensate you based on the terms of your employment. Under both state and federal laws, you have the right to a minimum wage.
As of 2023, the minimum wage in Ohio is $10.10. However, federal law still sets the minimum wage at only $7.25 an hour. Your employer must pay you the state minimum of at least $10.10 per hour.
If your employer underpays you to cheat you out of the income you deserve, you can seek justice in court. You may also be entitled to unpaid compensation if your employer fails to pay you for your overtime or provide other benefits you deserve.
Whistleblower Issues
When you discover your supervisors or company are breaking the law, filing a complaint takes a lot of bravery.
If your employer retaliated against you for whistleblowing, you might be able to take legal action against them and fully recover your damages.
Wrongful Allegations
When you own a company, you’re responsible for operating a profitable business while managing your employees. When you feel an employee is targeting you in a discrimination claim, you will want to protect your company.
A dispute can affect more than just your bottom line: your reputation and credibility in the business world could be jeopardized, especially if the allegations are false or misleading.
Our employment law attorneys can review your policies and procedures, and investigate the dispute, to see if the employee has a case. We will work with you to determine your legal options and how we can help you resolve the matter without undue duress. If the issue can’t be resolved with an alternative resolution, we can take it to court.
Post-Employment Disputes
There are several post-employment disputes for which you may require legal representation.
Defamation and Negative References
Suppose your employer makes false claims about you to potential job prospects or within your industry. In that case, you may be able to take legal action by pursuing a definition, slander, or libel claim against them.
Non-Compete Enforcement Issues
A non-compete order could severely impact your professional life. If your employer attempts to enforce an unfair non-compete order, you may need legal action to protect yourself and your future. Our attorneys can determine whether the non-compete order is enforceable and what legal options may be available.
Severance Agreements
Severance agreements are contracts employers ask workers to sign when they’re terminated. These contracts are intended to keep employees from pursuing claims against their employers in exchange for benefits.
Suppose your employer fails to uphold the terms of your severance agreement, typically by refusing to compensate you as stipulated. In that case, you can take further legal action against them in court to recover the compensation you deserve.
How to Handle an Employment Law Dispute
After everything you have been through, going to court can seem too much to handle. Fortunately, several potential options may make it possible for you to avoid going to trial. Instead of going to court, you can resolve your employment law dispute with these methods:
Negotiation
Your employment attorney can negotiate with your employer directly. Your attorney can help you stand up for your rights and fight for a just result to recover the compensation, benefits, or other damages that are rightfully yours.
Mediation
Mediation includes the involvement of a neutral third party who will hear both sides and attempt to reach a mutually beneficial agreement. The mediator does not have the final say as to the outcome of your case. Instead, they hope to meet both parties’ needs to resolve your issue as smoothly as possible.
Arbitration
Arbitration is often one of the top ways for those dealing with employment law violations to avoid going to court. Arbitration proceedings are overheard by an arbitrator or panel of arbitrators, depending on the circumstances of your case.
Arbitrator decisions are legally binding and cannot be appealed. Arbitration is often preferred because plaintiffs and defendants can resolve the case faster than going to trial.
Get Help From Our Employment Lawyers in Ohio Today
You do not need to be intimidated by the thought of facing your employer when you have an experienced legal advocate working for you. Our attorneys can help you reach a favorable outcome.
Do not hesitate to contact our knowledgeable Ohio employment lawyers at Dungan & LeFevre to schedule a free consultation and recover maximum compensation for your damages or protect your business.
Please fill out our convenient contact form or call our office at 937-770-6225 to get started on your case as soon as today.
This will link to the Outside General Counsel page, with the employment law information.