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Many people end up in jobs they hate. Consequently, for many of those people it’s more than just water cooler talk. For instance, it may be an employment law case. Overall, most employees might just be unhappy with their bosses or the way they were fired, but some people are dealing with an illegal situation. When your boss discriminates against you because of your sexual orientation or fires you because of the color of your skin, you have a legal right to fight back.
However, not every employment law case is so easy to identify. Frequently, employers take advantage of employees in more insidious ways. This could be by making it hard for them to access employment rights like lunch breaks or even taking workers compensation. For example, a common employment law case is when an employer has a salaried employee do work off the clock. Employers may reason that only hourly employees need paid for work done hours after their shift but in fact it would be illegal to work those salaried employees without pay.
Steps to take
in an Employment law case
The number 1 thing that will increase your success in an employment law case is documentation. In fact, this is why we recommend keeping records.
However, you don’t have to document everything that happens to you at work. In general, keeping certain things may help you in the future. For example, things like your job description. For instance, if you’re made to work off the clock you may have a case.
It can be scary facing management after something bad happens at work. Furthermore, this can be even more intimidating if someone higher up is involved. However, talking with management or HR could either resolve your issue or serve as documentation.
By and large, keep a record of the interactions that you have with management to show you attempted to resolve the issue.
If talking with management or HR does not resolve your issue you may need to escalate it. Although, it may not always be in your best interest to tell your employer you’re seeking a lawyer.
It’s important to realize, this could result in them hiding evidence. If you feel comfortable that this will not happen, telling them may also resolve the issue.
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Your questions answered
An employment lawyer helps employees find legal solutions for workplace issues. For example, harassment, sexual harassment, discrimination and various other employment law infractions. However, not ever firing is an employment law case, make sure to check with a lawyer first.
Hiring an Ohio employment lawyer is a good option when your job breaks the law. For instance, when it allows discrimination, workplace harassment, sexual harassment, wrongful termination, or commits wage violations.
If you suspect you’ve been the victim of wrongful termination you have a good reason to talk to a lawyer. In other words, Ohio employment law allows you to pursue a case against your employer. For instance, if you have reason suspect that you were fired against Ohio employment law.
Employees often need their employers to provide certain medical leave and accommodations when they experience medical problems.
What Should You Do If Denied Medical Leave?
First, speak to your employer about your rights regarding medical leave. Then, if your employer does not allow you this you may have a case and could hire an employment lawyer to fight for you.
For instance, failing to include bonuses and commissions when paying overtime rates violates Ohio law.
Types of Overtime and Minimum Wage Violations
- “Docking” time (taking time out of paycheck) for meals, breaks, etc. you never took violates Ohio law.
- Working through meal or other breaks without being paid violates Ohio law.
- Driving between job sites without receiving pay for that time violates Ohio law.
- Failing to receive pay for prep-time before your shift begins and ends violates Ohio law.
- Misclassifying you as “independent contractor,” when you should be receiving the benefits of an employee, such as overtime violates Ohio employment law.
- Misclassifying you as a “salaried employee,” when you perform the same tasks as hourly workers violates Ohio employment law .
Your employer, is seen by Ohio, as liable for creating a hostile work environment or by allowing a hostile work environment to exist or continue. However, there are two main ways that an employer may not be liable for a hostile work environment under employment law.
Ways Employers Avoid Cases
For instance, they may have reasonable attempted to prevent a hostile work environment from occurring.
In other words, the employee who filled the hostile work environment lawsuit with an employment law lawyer did not take advantage of preventative or corrective opportunities provided by the employer.
Hostile work environment claims are handled on a case-by-case basis and if not determined to be pervasive enough to be illegal than the EEOC may determine that the case will not go any further.
One way to help your investigative process is request the services of an experienced employment lawyer from Dyer, Garofalo, Mann, and Shultz to help with your hostile work environment case.
Sexual harassment is a common form of harassment for women and men. However, it can be hard to prove and harder yet for the victim of sexual harassment to report.
Workplace harassment and sexual harassment is a violation of the Civil Rights Act of 1964.
If you have been the victim of sexual harassment it is best to first inform the harasser that his or her actions are unacceptable and report any following incidents to your employer. Having a record of all actions you took to prevent the sexual harassment will greatly increase your chances of having a successful sexual harassment case.