Cincinnati Employment Lawyers

Understanding Both Sides of the Story

While our employment law practice is devoted almost exclusively to the representation of employees, the firm has also defended employers in litigation brought by employees. It is uncommon in the employment law arena for a firm to represent both employers and employees, and our experience on both sides of these issues gives us a perspective and insight not shared by firms devoted exclusively to one side or the other. Therefore, we understand the point of view of employers who have made the decision to terminate an employee, or who are dealing with a difficult situation, and we can perceive the motivations and interests behind their decisions. This helps us give our employee-clients sound advice–often, that advice is that the employee has no valid legal claim and should probably accept the termination or begin to look for other work. If our lawyers conclude that an employee has a valid claim, or at least good grounds to negotiate a better deal, our experience assists us in understanding how to get the best possible result for our clients.

Common Questions About Employment Law

Can I Afford a Lawyer?

We charge for our services based on the specifics of each case. Most cases filed in court are handled on a contingent fee basis. In contingent fee cases, the client is not responsible for attorney fees unless there is a recovery in the litigation. The firm’s fee is therefore dependent in whole or in part on the case’s outcome.

Certain non-litigated matters involving advice and guidance, or the negotiation of the terms of a contract, severance agreement or settlement, are often handled on an hourly fee basis.

Whether your matter is handled on a contingent fee or hourly fee basis, the retention of legal advice and representation will cost you some money. Your employment is one of the most important financial assets you have, and you should expect that protecting it will require some financial sacrifice on your part. Even contingent fee cases involve some out-of-pocket costs for which you will be responsible, such as filing fees, deposition costs, and so forth. We can help you decide whether the cost of hiring a lawyer to protect your rights makes financial sense.

What can I expect during the employment law process?

Generally, an employment law claim will start with either a letter to the employer, demanding relief, or a charge with the Equal Employment Opportunity Commission (EEOC), which is a prerequisite to filing a discrimination claim in federal court. Once the EEOC charge is filed, there’s a period of several months during which an investigation is done. After its investigation, it will issue what’s called a Right to Sue letter, which gives you the right to file a lawsuit against your employer in federal court. Most cases are not resolved at the EEOC level, and most will proceed to litigation if your lawyer thinks you have a valid claim.

What are my most basic rights as an employee in the state of Ohio?

One of your most basic rights is a safe workplace, which means physically safe and safe from sexual harassment or discrimination. There should be policies at all companies to establish that sexual harassment will not be tolerated in the workplace. In any instance of sexual harassment, you should immediately notify your employer or HR person.

How Do I Know If I Have an Employment Law Claim?

Employment law is complex. State and federal laws will both be factors in determining whether you have a valid claim. An experienced attorney who understands employment laws in Ohio and at the federal level can help you determine whether you have a case.

Employment law cases may involve:

• Discrimination, including those related to race, gender, age or disability. These forms of discrimination are prohibited by federal and state law. Employees cannot be treated differently based on their gender identity, disabilities or medical conditions, the color of their skin or their age if over 40.
• Sexual harassment, which is illegal at the state and federal level. Harassment charges may arise if employment decisions are based on the submission to sexual demands or if harassment creates an offensive or intimidating work environment.
• Wrongful discharge. Ohio is an employment-at-will state, but employees cannot be discharged or terminated for whistleblowing, in retaliation for exercising certain legal rights, or based on age, race, disability, pregnancy, religion, gender, etc.
• Employment contracts, which employees freely sign, may not always be in their best interests. You may enter into a non-compete agreement that is not reasonable or be asked to sign a severance agreement that is not in your best interest. We can help you understand your options and review agreements to ensure that they’re in your best interest before you sign.

If you’re unsure if you have a claim, we can review the facts and help guide you in the next steps to take.

How Long Do I Have to File a Claim?