People go to work to support themselves and their families. They do not expect to suffer from harassment or discrimination or run into other legal disputes, such as when an employer does not pay the wages owed to them. When these legal issues arise, workers often do not know what to do. Our labor and employment lawyers in Columbus can provide the advice you need and help hold your employer liable if they violate the law.
Under the Family and Medical Leave Act (FMLA), eligible employees can take up to 12 weeks of unpaid leave within a 12 month period. Employees are eligible for this leave if they have worked for the employer for the past 12 months prior to taking leave and if they have accumulated 1,250 hours of work during that time. The law only applies to employers that employ at least 50 workers in a 75-mile radius of the worksite. When employees are eligible for this leave, employers must provide it and cannot retaliate against them for requesting or taking leave.
All employees in Ohio and throughout the United States have the right to work without being subjected to unlawful discrimination based on certain characteristics. State and federal law outline certain protected classes that include race, gender, religion, age, pregnancy status, nationality, and more. Employers are prohibited from taking discriminatory employment actions against people based on a protected class, including refusing to hire or terminating an individual. Employers must also take action when they are made aware that a manager or supervisor is discriminating against an employee based on a protected class, even if the employee does not complain.
It is also illegal for employers to discriminate against disabled individuals. Under the Americans with Disabilities Act (ADA), employers that discriminate against employees and candidates for employment based on a qualifying disability are acting unlawfully. An exception to this is if an employer is asked to provide a reasonable accommodation that causes an undue business hardship. The size of the business, employee’s job, and costs are some of the factors that will determine whether the requested accommodation poses an undue hardship for a company.
Ohio and federal statutes provide the minimum wage employers are required to pay to their employees. In Ohio, non-exempt employees are entitled to overtime pay of one and one-half times their hourly wage when they work over 40 hours in one workweek. Employers can be held liable if they fail to pay employees minimum or overtime wages. Employees who successfully sue in court are entitled to receive liquidated damages and payment of attorneys’ fees and costs, in addition to the amount of any unpaid wages.
The majority of states in the country are considered at-will employment states, and this includes Ohio. At-will employment means that employees can be hired and fired for any reason and at any time. Still, there are times when an employee is fired and it may be considered a wrongful termination. These instances include but are not limited to instances when the employee was fired due to discriminatory reasons, violations of state or federal employment laws, and when the termination breaches a contract between the employee and employer.
If your employer has acted unlawfully towards you, our labor and employment lawyers in Columbus are here to help. At Marshall Forman & Schlein LLC, we can advise on state and federal laws and how they apply to a potential case. We can help you determine the next step to take. Call us today or fill out our online form to schedule a complimentary consultation.
My partner and I had worked together at a company that caused us many problems. Helen was very insightful and offered a solution to our unique problem. Everything went smoothly with Helen guiding us and the situation and we are beyond pleased with the results. We highly recommend her!
I got fantastic help from Maddie Rettig. I wish I could explain how great she was.
The staff at this firm are incredible. They want to know your story but, more than that, they want to know you. They get to know your heart and spirit so that they can serve you personally and effectively. My experience was refreshing and I felt cared for. Their work…
Would highly recommend Maddie Rettig! Very knowledgeable of all laws and regulations. She kept me informed every step of the way and was very transparent about what was going on. Very pleased customer and would refer anyone I know who needs legal counsel to Maddie!
John Marshall is a very skilled and competent attorney. I am very thankful for his professionalism, knowledge and guidance in dealing with a very difficult situation. John Marshall is someone I would highly recommend for any employment and civil rights needs.
I know, I put 5 stars on everything regarding Edward's evaluation and it seems unrealistic, but, believe me!- when you don't know whom to turn to, who can help you, and being pushed around from one attorney to another,- it is extremely satisfying to just get a moment of a…
Sam was my lawyer in a case where my employer harassed me and violated my FMLA rights. I recommend Sam because of course I won the case and got everything I wanted, but most importantly Sam will fight for you. He treated me with the highest level of respect. Sam…
Helen was excellent to work my case. She understood the circumstances and was very patient. She always kept me up to date on everything. I highly recommend her to anyone who has a similar case. Marshall Forman & Schlein LLC helped me get through a very tough situation. Very professional…
Sam is very experienced and worked tirelessly to ensure the best possible outcome on my behalf. He kept me updated every step of the way and is very kind. He gives you accurate information without sugarcoating anything. He is the best! Thanks sam
The amazing work and commitment that is this law firm.
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