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Employment Law

Have you been wrongfully terminated?
Have you been discriminated against at work?
Are you not getting paid for the hours you have worked?
Burg Simpson can help!

We currently handle Employment Law cases at our BURG SIMPSON OHIO office.

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When you decide to apply for a job or to go to work for a company, you expect to be treated respectfully and fairly. You expect to put in a hard day’s work for fair pay. If those expectations are broken, the results can be catastrophic, both financially and emotionally. The employment law and wrongful termination attorneys at Burg Simpson understand the tragic effects unlawful employment practices have on individuals and their families, and they have the skills and resources to fight back. Call us today.

WHAT ARE YOUR RIGHTS AS AN EMPLOYEE?
All employees, job applicants, and former employees have certain rights.  For example, generally, every employee has the right to receive fair compensation and to be free from discrimination, harassment, and retaliation. Although this seems to be a simple notion, the actual law can be quite complex because your rights as an employee are governed by a vast spectrum of state and federal statutes, regulatory rulings, and judicial decisions.

What Types of Employment Law Claims Does Burg Simpson Handle?

Discrimination

Discrimination is treating another person unfairly because he or she possesses certain characteristics. Only certain characteristics, however, are protected from discrimination by law. For example, federal laws only protect people from being discriminated against on the basis of their age, disability, gender, race, national origin, religion, pregnancy, and genetic information. States like Ohio and Kentucky have their own laws that prohibit these same forms of discrimination among others.

To enforce their anti-discrimination laws, both the state and federal governments have agencies that are responsible for fighting discrimination.  If you have been discriminated against, you may be required to file a charge of discrimination with one or more of these agencies before a lawsuit can brought. Additionally, there are strict time-limits on when discrimination claims may be brought—some as little as 90 days. Therefore, if you have been discriminated against, it is vital that you contact a discrimination lawyer at Burg Simpson as soon as possible to protect your rights.

Non-Compete/Confidentiality Agreements

A non-compete agreement is a contract between the employer and the employee that prevents the employee from competing against the employer once he or she leaves the job.

A confidentiality agreement is also a contract between the employer and the employee wherein the employee promises to keep certain information confidential.

As contracts, these agreements are generally governed by their own terms and they are generally upheld in courts. However, there are limits on how far these agreements can go. For example, a non-compete agreement cannot permanently prevent an employee from working in his or her field.

Harassment/Hostile Work Environment

The law does not protect employees from the mere annoyances of others; however, if someone’s behavior is not welcomed and based on your race, color, religion, sex, national origin, age, disability, or genetic information, then you may have a claim for harassment.  In order to have an actionable claim, the unwelcomed behavior must either be routine/ continuous or so severe that a reasonable person would find the work environment intimidating, hostile, or offensive.

Retaliation

In some instances, the law protects employees from being retaliated against for reporting or refusing to participate in certain wrongful conduct. For example, federal law protects employees who complain about workplace discrimination or harassment from retaliation. This type of protection against retaliation is sometimes referred to as “whistleblower protection.” It is important to note, however, that not all whistle-blowers are protected against retaliation—only certain types of whistle-blowing is protected by the law.

Wage and Hour Disputes

Federal and state laws govern employment compensation. For example, the Fair Labor Standards Act established the national minimum wage and governs when overtime must be paid. Despite these state and federal laws and regulations, some employers try to get away with paying their employees less than is required by law.

Wrongful Termination

Many employees around the country considered employees-at-will, which means an employer has the right to terminate an employee at any time and for any reason. There are a several exceptions to the doctrine that an employee can be fired “at-will,” however. For example, an employer cannot terminate an employee on the basis of certain characteristics, such as gender or race.  Additionally, if you signed an employment contract when you were hired, the conditions of your employment are generally dictated by the terms of that contract. As such, the terms of the contract may limit your employer’s ability to lawfully terminate your employment.

THE EMPLOYMENT ATTORNEYS AT BURG SIMPSON ARE HERE TO HELP


Burg Simpson has a reputation for standing up for individual’s rights across the country. With seven offices in seven states and more than 70 attorneys, Burg Simpson has the resources to fight for individual employees against the biggest corporations in the United States.

If you have a question about your employment and whether you’re being treated fairly, contact the trial lawyers at Burg Simpson today by calling 888-895-2080 or by completing a Free Case Evaluation Form so we can discuss your case with you.

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