Labor and Employment Lawyers Columbus
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.
Family and Medical Leave Act (FMLA)
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.
Americans with Disability Act (ADA)
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.
Wage and Hour Disputes
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.
Call Our Ohio Labor and Employment Lawyers Today
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.