Cincinnati Employment Lawyers
Cincinnati, Ohio Employment Lawyers
Employees face a variety of legal issues with their employers, including those concerning contracts, discrimination, sexual harassment, wrongful termination and more. As employment and discrimination lawyers, we know that:
Employment law is evolving
Discrimination in the workplace is a pervasive issue affecting employees who work in a variety of industries. Complex contracts, non-compete agreements and severance packages can be confusing
No one wants to have disputes or legal challenges with their employer, but when they do, our experienced counsel is here to help. We provide client-guided assistance to help you uphold your rights as an employee.
How We Help
Your employment and discrimination lawyer will examine your case, discuss your options with you and guide you to a favorable outcome. We can bring:
- Individual civil suits against your employer
- Class action lawsuits against some employers
A discrimination attorney can file a class action suit if a group of employees experiences the same form of rights violations or discrimination. We know that taking action against an employer is hard, but it’s within your rights as an employee.
We have worked on both sides: employers defending against employee claims and employees fighting for their rights. Our unique experience allows us to provide our clients with representation that understands both sides of the equation.
At Robert A. Klingler Co., L.P.A., our employment and discrimination lawyers are ready to help you with extensive employment law services.
Call us or contact us online to learn the next steps you’ll need to take.
Legal Representation for Professionals
Our clients include employees in a wide array of occupations: CEOs, managers, medical professionals, and countless others have all relied upon our experience and judgment regarding:
- Employment contracts:
- Discrimination
- Wrongful Discharge
- Sexual Harassment
- Disability Discrimination and FMLA Matters
- FLSA
- Age Discrimination
- Pregnancy and Sex Discrimination
- FMLA
- Wrongful Termination
- Disability Discrimination
- Race Discrimination
We assist these employees and others in understanding their options and developing strategies to proactively deal with their situations. Beyond explaining their options to clients, we sometimes become involved in working behind the scenes to guide the employee in dealing with a difficult boss or in negotiations or other employment matters. We also write letters on behalf of clients warning employers that they may be violating the law by what they are doing or threatening to do. If a separation from employment becomes advisable or inevitable, we assist in negotiating the most favorable terms possible for the employee. When our lawyers determine that an employee’s rights can best be protected by filing suit, we aggressively pursue that option.
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?
Like other types of claims, employment law claims are subject to statutes of limitations. For claims of discrimination, The Ohio Civil Rights Commission has a statute of limitations of two years for employment complaints. The EEOC requires you to file your claim within 180 days of the discriminatory action or 300 days if your claim is also covered by state law. Sexual harassment claims carry a two-year statute of limitations. A claim based on a breach of employment contract must be filed within four years if the contract is verbal and six years if based on a written contract.
If you fail to file your charge within this timeframe, you may lose your right to pursue your claim. For this reason, it is crucial to consult with an attorney as soon as possible to start the process of determining the best course of action in your case.
An attorney will help ensure that you don’t miss important deadlines in pursuing your charge, including those related to filing a lawsuit in court.
When should I contact an employment attorney?
There are several examples that include:
- Your boss has “favorites” in the company, and this favoritism is clearly based on a characteristic like race, gender, or sexual orientation.
- If your boss does not follow state or federal employment laws.
- You aren’t paid the wages to which you are legally entitled.
- You have seen some sort of wrongdoing in your workplace—or experienced it yourself—and encountered retaliation when you spoke up.
Feel free to contact us to speak with an attorney about our employment law services. If you have additional questions about employment law, please visit our employment law information center.