Attorneys: Robert J. Behal, John M. Gonzales, Gilbert J. Gradisar
Employment law and Litigation
Ohio, like most states, is an at-will employment state. This means that, unless an individual has a written employment contract, he may be terminated at any time, for any reason. However, a termination is wrongful in the eyes of the law if an employee has been terminated because of a legally protected status. These include:
- Gender (includes sexual harassment and pregnancy)
- National Origin
- Disability (physical and mental)
- Worker’s Compensation/Injured Worker
- Family Medical Leave
- Complaints about illegal behavior (‘whistleblowers’)
If you believe you have been the victim of discrimination, harassment or subjected to a hostile work environment, contact us for a free consultation. We’ll help you understand your rights and advise you if you have a valid legal claim.
We help companies of all sizes resolve the inevitable employee conflicts with fair and reasonable solutions. We work directly with human resource directors to devise clear and reasonable systems which will withstand challenge and protect the ongoing business.
In cases involving complaints or reports of illegal behavior made to the employer, the employee may have a claim for retaliation if the employer attempts to punish the employee making the report. Federal and state laws protect these whistleblowers for reporting safety violations, discrimination or other wrongdoing on the part of their employer.
Separation or severance agreements
A separation or severance agreement is a contract to provide the employee some benefit in exchange for the employee’s agreement to release the employer from legal liability. When reviewing a severance agreement, we help you evaluate whether the agreement is fair, legal, and protective of your rights. Additionally, it is important to make certain that the severance agreement is in line with industry standards.
A non-compete agreement must be fair and reasonable to be valid. We can advise you on these issues and help you avoid running afoul of these agreements.
Wage and Hour Laws
Employers are required to abide by wage regulations, and, must pay employees for all time worked, including preparing to work, concluding work, attending required training and meetings, and for waiting on the job as long as the time cannot be used effectively for the employee’s personal reasons. We can guide you through this process and insure that employees are fairly compensated.
A word about litigation
Litigators (we prefer “trial lawyers”) are a special breed of lawyer. Many lawyers understand the law and can quote the language of the statutes. Most employment lawyers fall into this category. Law is made, however, in the often fierce battles which take place in courtrooms. To prosper in those environments, quoting the law is not enough.
Success for a trial lawyer requires a visceral understanding of the law combined with advocacy skills that few lawyers possess. That’s the lawyer you want when your livelihood is at stake. We have the skill and experience to bring a laser focus to your problem and find the fast and fair resolution you need.