Employment Law

Ohio is an employment at-will state. This means that an employer can fire an employee for little or no reason. This rule can be harsh and often provides little recourse for a terminated employee. While a decision to fire an employee may be arbitrary or unfair, it is not necessarily “wrongful” in the legal sense.

Fortunately, however, federal and state laws protect an employee from discrimination based on race, ethnic or national origin, religion, sex, gender, pregnancy, age, and disability. In most instances, an employee who is a victim of discrimination must first file a charge with the federal or state agencies responsible for processing complaints of discrimination. The time requirements for filing such claims are limited. Therefore, if you believe you have been unlawfully discriminated against on the job, you should take immediate steps to proceed with your claim. Feel free to contact our office for more information.

Under the law a company may not reject a job applicant based on the protected categories — race, ethnic or national origin, religion, sex, gender, pregnancy, age, and disability.

In addition to the more obvious forms of discrimination, a potential employer may ask questions during an interview that seem casual (“are you married?” “do you have children?”). But such questions may really be an effort to stereotype an applicant based on his or her family responsibilities or profile an applicant who may become pregnant or have childcare obligations. If you believe you have been wrongfully denied a job, feel free to contact our office.

Sometimes an employer will offer a severance package to a terminated employee in exchange for a release of any claims the employee may have against the employer. The severance agreement is a legal document with binding consequences. Before signing a severance agreement, it is advisable to have an attorney review the document.

An employee’s complaint about alleged harassment or discrimination requires a serious response by the employer. We can conduct an independent investigation for the employer so that the true facts can be determined as quickly as possible. Bad supervisors need to be counseled, disciplined or perhaps terminated unless the employer is to face expensive litigation and even a damages judgment.

The legislators and the courts have been busy defining and redefining what an employer may and may not do without running afoul of the law. For this reason, it is important that an employer keep up with the fast-paced changes in employment law. Employers can protect themselves and better guide their employees with comprehensive handbooks or policies and procedures manuals. Mann & Mann can help.

Many employers are taking advantage of recent court decisions and requiring employees to arbitrate any and all claims they may have against the employer. This presents a new challenge to both employees and employers.

Mann & Mann has extensive experience in advising employees and employers of their rights and responsibilities, in dealing with the Equal Employment Opportunities Commission and the Ohio Civil Rights Commission, and in litigating claims of employment discrimination. Feel free to contact our office for more information on how we can help.