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Employment Law

Is My Severance Package Fair?

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We’re in the 6th week of Ohio’s and Kentucky’s Stay at Home Orders, and we’re all feeling the effects of this new reality. It’s not easy for any of us, but some have been hit a lot harder than others. I’m getting a lot of calls from employees who’ve been laid off from their jobs, and they want to know what they should do, and if their rights may have been violated.

Some of these people have been offered a severance package in exchange for giving up or waiving any legal claims they may have, and they want to know if the severance offer is fair.

If you’re in that situation, here are some things to keep in mind:

First, in Ohio and most states, there is no legal requirement that your employer offer you severance at all.  Many employers don’t, especially smaller ones who simply can’t afford to pay you if you’re not working.

So, even though you’re losing your job, which is very bad news at any time, but especially now, you’re fortunate if you’ve been offered a severance package at all.

But second, you should consider the reason you’re being laid off. And by that I mean the real reason, not necessarily the reason you were given by the employer.  This is important because even though we are in an emergency, the laws against employment discrimination still apply.  Employers cannot use this crisis as an excuse to get rid of older employees, or disabled employees, or female or minority employees, or for other unlawful reasons.  If you suspect you are being targeted for an unlawful reason, you may have a claim that is greater in value than the severance you’re being offered.

But even if you don’t suspect an unlawful motivation is behind your lay-off, then there is still nothing wrong with asking for more severance, or longer health insurance coverage, or something else that would help you and your family get through this. The worst that can happen is your employer says “no.”

And keep this in mind: with the enhanced unemployment benefits in place now, some lower-paid workers may be just as well or better off accepting unemployment benefits instead of a severance package.

And finally, be aware of this: Sometimes a severance agreement will include things like a non-compete agreement, or a non-disparagement agreement which could legally limit your right to work or to express opinions in the future.  You should make sure you understand exactly what rights you are giving up before you sign any severance agreement.

If you have lost your job, don’t give up; keep looking; keep planning, stay healthy, and spend this time getting yourself ready for the turn-around when it comes. Because it will come.

Good luck, and stay well.

What does the coronavirus mean for my job?

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The Coronavirus or “COVID-19” outbreak has many people worried, and for good reason.  It is spreading rapidly and it may soon affect your community, your workplace, and your family. The last thing you want to worry about when the virus hits is what it might mean for your job.  But it’s time to start thinking about it.

What if you are diagnosed with the coronavirus? Obviously, you cannot go to work.  But if you are an hourly employee without union protection, you are most likely “at will,” which means your employer may be able to terminate you for not showing up, even if you’re sick. There are discussions underway right now about giving workers protection from missing paychecks if they or their family become sick, or if workplaces have to shut down.  Things are evolving rapidly.

Here are some things you should know:

  • If your employer has 50 or more employees working within a 75-mile radius of your workplace, and if you’ve worked for the employer for at least 12 months for at least 1250 hours during that time, you are protected by the Family and Medical Leave Act (FMLA), which gives you up to 12 weeks off of work (unpaid) for your own illness or that of a family member. Employers with fewer than 50 employees can voluntarily provide the same protection if they choose to.
  • If you suspect you have been exposed to the virus you should be tested immediately and let your employer know. Inform your boss or Human Resources contact of your situation and suggest that you should stay away from work until the test results are available.  Any responsible employer should agree to let you do that without getting points or being disciplined in any way.  However, you may have to use your own PTO or vacation time if you want to be paid for the time you miss.
  • Your employer will want to see a doctor’s statement saying you have been diagnosed or at least tested for the disease to excuse you from missing work. Some employers may loosen their normal rules in order to discourage workers from coming to work sick, and every employer would be well-advised to do so.  But at this time, there are no special rules or protections in place to protect you from being made to come to work even if you are afraid you might be exposed to the virus. Your employer may expect you to come to work even if you aren’t feeling well, unless you have a doctor’s note stating you are sick.
  • Even if you aren’t sick, don’t be surprised if your workplace, or even your city, is shut-down to prevent the spread of the virus.
  • The most important things you can do to prevent getting or spreading the virus are:
  • Avoid close contact with people who are sick
  • Avoid touching your eyes, nose, and mouth
  • Stay home when you are sick
  • Cover your cough or sneeze with a tissue, then throw the tissue in the trash.
  • Clean and disinfect frequently touched objects and surfaces suing a regular household cleaning spray or wipe.

See: https://www.cdc.gov/coronavirus/2019-ncov/about/prevention-treatment.html

What’s next?

Unfortunately, many of us can expect to experience a disruption of our normal routines as the coronavirus spreads.  With cooperation between workers and employers, we can hope to minimize the financial disruption caused by missing work due to illness.  Follow your employer’s rules for calling off sick, staying in touch, providing doctors’ statements, and filling out FMLA paperwork, and be sure to understand your employer’s expectations.  If you believe you were unfairly disciplined or targeted because you were exposed to or contracted COVID-19, don’t hesitate to contact an employment lawyer for advice.

 

Social Media in Litigation: Not As Private As You Think

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social media

Social media has become an integral part of how we interact in a rapidly evolving modern society. Facebook, the largest of the social media platforms, had 1.71 billion monthly active users as of the second quarter of 2016. Other social media sites, such as Twitter, Instagram, and Snapchat, to name just a few, also boast large numbers of active users. By now, most people know that what they post online can have a potentially negative impact on current or prospective employment. However, many people don’t realize that posting a seemingly innocent photo of themselves smiling on the dance floor at a wedding might harm their credibility and potential to recover damages in a pending lawsuit. This is especially true in personal injury cases where physical and emotional damages are often an issue. Plaintiffs claiming these types of damages, whether in personal injury or other cases, need to be careful about what they post on social media after suffering the harm. [Read more…] about Social Media in Litigation: Not As Private As You Think

Sexual Assault in the Military

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Sexual Assault in the Military

Sexual assault is as much of a problem in the military as it is in other traditional workplaces and in college campuses nationwide. The University of Cincinnati leadership is working hard to prevent sexual assault and violence by teaming up with the UC Army ROTC to sign a sexual assault prevention charter and launching the #UCItsOnUs Movement as part of the national #ItsOnUs campaign. Lt. Col. Jason Bender referred to sexual assault as a “societal problem”, and while neither the college nor the Army can solve the problem, they can “change the culture around the Army and the University”. Changing the culture is an important step in protecting men and women from becoming victims of sexual misconduct.

[Read more…] about Sexual Assault in the Military

Record of Disability

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record-disability

Did you know an employer cannot discriminate against you because you have a record of a disability, even if you aren’t currently disabled? We recently settled a case where an employer refused to re-hire an employee who had been off work for over a year because of major back surgery. After his FMLA leave had run out, the employee was terminated but told he was eligible to be re-hired once his doctor released him to return to work. When he had recovered from the surgery and applied to be re-hired, the employer didn’t hire him because they were afraid he would re-injure his back–even though his doctor released him to return to work without restrictions and said his back was stronger than ever. This is considered illegal discrimination under the Americans with Disabilities Act (ADA). [Read more…] about Record of Disability

Top Discrimination Claims: Analyzing the EEOC’s FY2014 Report

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Each year, the Equal Employment Opportunity Commission (EEOC) compiles a report listing the major issues, outcomes, and forecasts within the realm of employment equality and discrimination in the United States. The most recent report, which covers from October 2, 2013 through September 30, 2014, reveals a startling number of reports of discrimination across nearly every industry.

In today’s post, we will take a look at the statistics of discrimination in America’s workplaces, as well as highlight several landmark cases litigated by the EEOC in fiscal year 2014 on behalf of workers treated unfairly. If you are facing unrelenting workplace discrimination, you are encouraged to speak to an employment lawyer as soon as possible to learn more about your legal options. [Read more…] about Top Discrimination Claims: Analyzing the EEOC’s FY2014 Report

7 Situations That Do Not Amount to Wrongful Termination

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situations-wrongful-termination

Wrongful termination is a serious offense involving firing an employee for an unlawful reason. The situation can prove tiresome and frustrating, but it can be remedied– unless, of course, the termination was not actually illegal. The following list describes seven situations that may seem wrongful, but are not likely actionable absent extenuating discriminatory or unlawful circumstances. [Read more…] about 7 Situations That Do Not Amount to Wrongful Termination

Refusing to Hire Smokers: Is This Legal?

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refusing-hire-smokers

The health risks associated with smoking are impossible to deny. However, could this costly and dangerous habit also impact an employee’s job security or a candidate’s chances of being hired? Actually, it could, as Ohio remains one of 21 states without a smoker’s protection law, thereby allowing employers to freely and openly discriminate against smokers in both hiring and job retention.

Ohio recently enacted sweeping legislation designed to protect non-smokers from the effects of secondhand smoke, which is proven to be nearly as deadly over time as first-hand exposure to cigarettes. [Read more…] about Refusing to Hire Smokers: Is This Legal?

Ohio Supreme Court Rules on Pivotal Employment Discrimination Case Further Defining “Employer”

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In August 2014, the Ohio Supreme Court considered a high-profile employment discrimination case involving the City of Dayton Police Department. Under federal and Ohio laws, an employer is not permitted to engage in any discriminatory practices with regard to workplace decisions, and cannot take adverse action against an employee based on the employee’s membership in a protected class.

However, as the court pointed out in Hauser v. Dayton Police Department, not all bosses are subject to the discrimination prohibitions found in Ohio Revised Code 4112. More specifically, the court concluded that certain immunity protections prevented the plaintiff from suing the Dayton Police Department’s supervisor individually, and her case was ultimately dismissed. [Read more…] about Ohio Supreme Court Rules on Pivotal Employment Discrimination Case Further Defining “Employer”