We spend a large portion of our lives in the workplace. Workplace relationships can be complicated and can sometimes involve the worst of human behaviors. Managers/bosses can unintentionally violate the law if they are not properly trained about applicable employment laws. There are no laws that require managers to be "fair" or "nice." Some bosses believe that they hold so much power over their employees that they can do anything they want and get away with it. Many of our clients are a paycheck or two away from financial disaster, so the pressure to go along and get along with the boss is very high.
Ohio, Kentucky and Florida are all "employment at will" states. In the past, "employment at will" meant that an employee could be hired or fired for any reason, including even a stupid or very unfair reason, or no reason at all. Over the years, significant restrictions on adverse employment actions against individuals have arisen, if a civil right or statue has been violated.
Title VII of the Civil Rights Act of 1964 and parallel state statutes forbid adverse employment actions based on color, religion, ethnic origin, race and sex--including pregnancy, child birth and related medical conditions, and for retaliation after an employee has made a complaint about unlawful employment discrimination.
The Age Discrimination in Employment Act and parallel state laws that protect employees over 40 years of age from discrimination due to their age.
Written contracts, as well as promises made by employers (and sometimes handbooks) may be used in breach of contract and promissory estoppel actions.
Various laws proscribe firing persons in Retaliation for making a complaint about unlawful discrimination, for whistleblowing, for using worker's compensation, for going on jury duty. It may also be illegal to fire someone for reasons that violate a significant public policy, such as consulting with legal counsel.
The Americans with Disabilities Act and the state parallel statutes forbid discrimination against qualified individuals with disabilities. A qualified individual is a person who is able to perform a job, with reasonable (and requested) accommodations. A disability is an impairment that substantially impacts major life activities.
The Family Medical Leave Act protects eligible employees who must take time off work to deal with their own illness or that of a family member, or for the birth or adoption of a new child. To be eligible, the employee must have worked for the employer for at least one year and 1250 hours in that year, and there must be at least 50 employees in a 75 mile radius of the workplace. We have represented numerous employees wrongfully terminated for taking protected leave. More information is covered here.
Unlawful Sexual Harassment and Sex Discrimination is covered here.
We at Croskery Law Offices have represented high level executive and professional employees many times in the past, and we also represent hourly workers who really need their job just to make ends meet. We have deep experience drafting and reviewing severance agreements and other employee contracts, including consulting contracts and sales representative contracts. Call us to determine if we are a good fit for your needs.
For more information, call us at (513)232-5297 or (813) 244-5580 to set up an appointment to review this complex area of the law as it affects you in Ohio, Florida, or Kentucky.
We offer a free consultation on employment-related questions. Do not hesitate to CALL (513) 232-LAWS (5297) or (813) 244-5580 with your questions.
Employment Law Resource Links
United States Equal Employment Opportunity Commission
This government website contains the rules and regulations governing EEOC claims and how they are handled.
United States Department of Labor
This Web site is for the United States Department of Labor, which provides information for workers, employers and unions.
Wage and Hour Division
This page contains information regarding enforcement of federal labor laws, including minimum wage, child labor and overtime standards set out under the Fair Labor Standards Act (FLSA), the Family Medical Leave Act (FMLA), and the Migrant and Seasonal Agricultural Worker Protection Act (MSPA).
The Contract Employee's Handbook
This resource contains information to assist independent contractors with management of their careers.