People in Newark need to go to work to earn a wage that will allow them to support themselves and their family. While some people may like their job more than others, no one expects to become involved in a legal dispute, but it happens all too often. Some of the most common disputes include wage and hour issues, discrimination, and wrongful termination. If you have run into a dispute, a Newark employment attorney can advise you of your rights.
Just about all forms of discrimination are prohibited in the workplace. Under Title VII of the Civil Rights Act of 1964, employers cannot discriminate against employees of a certain religion, race, age, gender, pregnancy status, nationality, and more. Employees are protected from this type of discrimination under federal law, but also state law. Not only can employees hold employers liable for this type of discrimination, but also any other discriminatory act someone else perpetuates if the employer does nothing about it.
The Family and Medical Leave Act (FMLA) provides many protections for employees who need to take unpaid leave to recover from a medical condition, or to care for a family member who has a medical condition. Only certain employees are eligible for this leave. An employee asking for this leave must have worked 1,250 hours in the past 12 months for the same employer. The employer must also have at least 50 employees in a 75-mile radius. Employers must allow eligible employees to take this leave, and they are prohibited from retaliating against them for taking leave.
Each year, Ohio outlines the minimum wage for the year, which is usually increased to keep up with the increased cost of living. Under both state and federal law, employers must pay employees one-and-a-half-times their regular wage when an employee works more than 40 hours in one workweek. Even with the many laws in place, employers do not always comply with them. When that is the case, employees can hold their employer liable.
Ohio is considered an at-will employment state, meaning that employees can generally be fired for any reason. Still, there are times when a termination is considered against the law. Employers cannot terminate an employee based on discriminatory reasons. Employers are also prohibited from terminating employees for retaliatory reasons. For example, if an employee became injured on the job and wanted to file a workers’ compensation claim, employers are not allowed to fire them for trying to obtain the benefits they rightfully deserve.
At Marshall Forman & Schlein, our Newark employment attorneys know the laws that protect you, will advise you of them, and make sure they are upheld. If you feel as though your employer has violated your rights, call us today or contact us online. We will review your case for free and provide you with the sound legal advice you need.
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