Robert A. Klingler

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Employment Law

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…]

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.

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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…]

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…]

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…]

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…]

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…]

Ohio Supreme Court: Nurse Can’t Be Fired For Reporting Abuse

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The law protects employees from termination and other forms of retaliation for reporting certain kinds of activities and wrongful conduct. However, not all reports are protected. A case recently decided by the Supreme Court of Ohio clarified that persons working in nursing homes and similar long term care facilities cannot be retaliated against for making a report of suspected abuse or neglect of a resident of the facility: Hulsmeyer v. Hospice of Southwest Ohio, Inc.

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College Athletes Are Not Employees But May Share Licensing Fees

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college-athletes-not-employees-share-licensing-fees

On August 8, 2014, the National Collegiate Athletic Association (NCAA) experienced a major blow to its long-held policy of keeping college athletes uncompensated amateurs. The United States District Court for the Northern District of California ruled that the NCAA rules prohibiting student athletes from receiving compensation for the use of their own names, images, and likenesses violate the Sherman Antitrust Act. Student athletes are not employees of their colleges, but they may be entitled to share in licensing fees earned on their names and likenesses.

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