People go to work every day to earn a living that can support themselves and their family. They do not expect to run into legal disputes while they are there, such as not being paid their rightful wages, or facing harassment or discrimination. When workers face these disputes and issues, they often do not know the proper steps to take. If you have a legal issue in your workplace, our labor and employment attorneys near you can help.
The Family and Medical Leave Act (FMLA) is federal legislation that allows eligible workers to take up to 12 weeks of unpaid leave within a 12-month period. To be eligible, employees must have worked for their employer for the past 12 months prior to the leave, and they must have accumulated a minimum of 1,250 hours within that time. Employers must also employ a minimum of 50 workers in a 75-mile radius of the workplace. If employees are eligible, their employer must grant this leave and cannot take retaliatory action because of it.
Although employees in Ohio have the right to hire and fire employees as they see fit, there are limitations on those rights. Employers cannot use discriminatory reasons when making hiring and firing decisions. Title VII of the Civil Rights Act outlines certain protected classes, which include race, religion, gender, pregnancy status, and more. When employers take negative or retaliatory action against an employee, or potential employee, based on these personal characteristics, they can face legal action.
While it is illegal for employers to discriminate against workers based on their protected class, it is also against the law for employers to discriminate against individuals with disabilities. Under the Americans with Disability Act (ADA), employers must provide disabled workers with reasonable accommodations for their disability. The only time employers are allowed to not provide these accommodations is when doing so would cause their business substantial harm.
Like all other states in the country, Ohio is an at-will employment state, meaning employers can hire and fire workers at any time and for any reason. Still, there are limitations to this. Employers cannot base hiring and firing decisions based on a person’s disability or protected class. Any time an employer violates an employment contract by firing a worker before the stipulated end date, or terminating employment based on retaliatory reasons, they are breaking the law.
If your employer has violated your rights, our labor and employment attorneys near you are here to help you make things right. At Marshall Forman & Schlein, our skilled attorneys can advise on the federal and state laws and how they are applicable in your case. We know when employers treat their workers unfairly, and we also know how to help employees recover the damages they deserve to cover their losses. Call us today or contact us online to schedule a consultation.
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