Employment Law Attorneys in Cincinnati

The Ohio Civil Rights Act prohibits discrimination on the part of private and public employers, employment agencies, and labor unions. Fair employment laws mandate equal opportunity and prohibit “unlawful discriminatory practices.”

Unlawful discriminatory practices include refusing to hire someone, wrongfully terminating their employment, or other unfair treatment on the basis of:

• Race and color
• National origin
• Age
• Sex
• Pregnancy
• Religious affiliation
• Military service
• Disability

Ohio law also prohibits workplace harassment on the bases listed above. Furthermore, employers may not retaliate against an employee who opposes or files a charge of discrimination. The Ohio Civil Rights Commission is empowered to investigate charges of workplace discrimination, harassment, and retaliation.

Your rights under Ohio employment law may seem cut-and-dried. However, it is crucial to speak with an Ohio employment law attorney to understand what legal recourse you may have.

Contact Burg Simpson for a FREE and confidential case evaluation.

Like most states, Ohio has adopted the “employment-at-will” standard. Most employees are hired on an at-will basis. This means that the employee may terminate their employment at any time. Likewise, employers may discharge an employee for any lawful reason.

Generally recognized exceptions to the employment-at-will doctrine in Ohio include:

• Collective bargaining agreements: The collective bargaining agreement sets the terms under which employment may be terminated.
• Employment contracts: An employer may be held liable for breach of contract if they fail to comply with the terms for dismissing an employee set out in the agreement.
• Personnel manuals and employee handbooks: In some instances, Ohio courts have found that employee handbooks and manuals create a contractual obligation on the part of an employer.
• State and federal law: Ohio law protects employees from disciplinary action and dismissal for certain actions, such as voting on an election day, serving on a jury, or filing wage and hour complaints. Similarly, federal law provides protection for employees who take part in protected labor organization activities, report unsafe working conditions to OSHA, file for employee benefits, and refuse to take a lie detector test. These rules and regulations generally supersede the at-will employment laws in Ohio.
• Violations of public policy: According to the Ohio Legislative Service Commission, an employee may be entitled to “back pay, compensatory damages, and punitive damages” for wrongful termination if it can be shown that the dismissal violated a public policy and the employer had no “legitimate business justification” for dismissing the employee.
• Promissory estoppel: The principle of promissory estoppel creates a legal obligation for one party to uphold a promise (even if no contract is present) to another party, if the party to whom the promise was made reasonably expected the promise to be fulfilled and was harmed as a result. Promissory estoppel was first applied to employment contracts by the Ohio Supreme Court in 1985.

Employment-at-will does not give employers carte blanche to fire or discriminate against employees. An Ohio employment law lawyer can help you navigate questions about the at-will laws and pursuing compensation for discrimination or wrongful termination.

In Ohio, employers may not pay workers less than the state’s minimum wage. The right to overtime pay is also protected (except for exempt employees), with workers entitled to time and a half pay for hours worked beyond 40 hours a week.

Employers in Ohio are required to carry workers’ compensation insurance for all of their employees. If you get hurt on the job, workers’ comp is your primary means of compensation for medical expenses and lost wages (though you may also have a personal injury claim).

Public and private employees in Ohio share many of the same rights. However, workers in the public sector are afforded additional protections concerning disciplinary action, termination of employment, etc. that are generally not available to those in the private sector.

Whistleblowers are protected by both federal law and Ohio statute. Blowing the whistle on wrongdoing in the workplace is a courageous and noble act, but the laws surrounding whistleblower protection are complex. Obtaining qualified legal counsel is essential for ensuring that your rights and interests are protected.

An Ohio employment law attorney can review your case and advise you of your legal options. Potential grounds for a wrongful termination lawsuit include:

• Discrimination due to race, sex, age, disability, etc.
• Retaliation for a protected activity (such as filing a legitimate complaint against an employer, participating in labor activities, whistleblowing, etc.)
• Dismissal of an employee who was abiding by or upholding a public policy
• Breach of an employment contract

Recompense for wrongful termination is not automatic. You must show that your employer fired you for an unlawful reason. This may be easier said than done, considering the fact that Ohio is an at-will state and employers are generally given significant latitude in the decision to let employees go.

An employment lawyer at Burg Simpson can provide the assistance and support you need. Our attorneys are based in Cincinnati and serve clients throughout Ohio.

An employment law attorney represents workers and/or employers in legal matters centering on the workplace. Their key responsibilities include advising clients of their rights and identifying the optimal avenues to protect them.

Our employment lawyers assist workers with a wide range of complex cases. These include:

• Wrongful termination
• Discrimination
• Harassment
• Retaliation
• Wage and hour violations
• Contract negotiations and disputes
• Non-compete agreements
• Whistleblower protection

Disputes with employers can be intimidating. You rely on your job to pay your bills and support yourself and your family. Unfortunately, employees sometimes have to take legal action to protect themselves. If you find yourself in this situation, call 513-852-5600 to speak with a knowledgeable employment lawyer at Burg Simpson.

Employment litigation is a means of resolving disputes between employees and employers. Litigation begins when a lawsuit is filed with the appropriate court. From there, the parties prepare for trial. This may involve requesting and exchanging information, taking depositions, filing motions with the court, etc. An experienced employment law attorney can handle these and other tasks on your behalf.

Often, employment litigation is resolved before the case goes to trial. Trials are uncertain and costly undertakings. In many cases, disputes between employees and employers are resolved through out-of-court settlement. This may be accomplished through settlement negotiations, mediation, or arbitration.

Employment arbitration is a method of alternative dispute resolution. Instead of going to trial, the parties present their case before an arbitrator. The arbitrator is an impartial third party who makes a decision based on the evidence presented, witness testimony, and the arguments raised by both sides. Arbitration decisions are legally binding, meaning they have the same force as a judgment issued by a court.

Some employers include arbitration clauses in their employment agreements and contracts. Workers may sign without realizing that they are forfeiting their right to pursue employment litigation should a dispute with their employer arise. If arbitration is the only way forward, it is critical for you to have an Ohio employment law attorney who can help you through the process and represent your best interest.