How Employment Lawyers Help Both Employees and Employers
Employment law covers hiring, firing, workplace policies, and benefits. Recognizing this makes plain how a Cleveland employment lawyer could help an employee or an employer in any given negotiation or lawsuit. An employment lawyer’s knowledge of federal and state laws and practices regarding discrimination, rights, and contracting often proves invaluable when issues between workers and management arise.
The legal team at the Cleveland, Ohio, offices of Agee Clymer Mitchell and Portman work primarily in areas of workers’ compensation and disability. This involves us deeply in employment law because qualifying for Ohio workers’ comp and Ohio Public Employee Retirement System disability benefits depends on answering questions related to
- Worker status and classification,
- Assigned duties and actual job performance,
- Policy communication and enforcement,
- Adequate supervision,
- Workplace safety,
- Voluntary assumption of risk through written or implied contract,
- Manager and supervisor behavior, and
- Possible violations of laws and regulations.
Each question asked concerning those subjects will have at least two answers, and often several more. Sorting through the varying accounts of an event that resulted in a job-related injury or illness and determining which are credible and actionable requires extensive investigation. Arriving at the reality of the situation also demands possessing a deep understanding of relevant statutes and court cases. Such an understanding evolves constantly because courts decide each employment case on its own merits. Trends and precedents emerge over time, but keeping up with interpretations of laws requires doing a lot of legal research.
One issue in particular that always gets contentious and which can often only be resolved by mediation, arbitration, or lawsuit is an accusation of wrongful termination. Employment law includes provisions that allow employers who have met certain legal obligations to terminate a worker who cannot do his or her job because of mental and physical disabilities. At the same time, employment law guarantees a disabled individual’s right to keep a job even if he or she requires accommodations for disabilities. Such accommodations can include reduced duties, an altered schedule, customized equipment, and extra supervision.
That employers’ rights and employees’ rights will conflict under this legal framework is unavoidable. That both the employer and the employee deserve committed and quality legal counsel when disagreements occur is undeniable.
What those realities mean in real-world terms is that an employment lawyer in Cleveland will work for an employer when facts support the termination of a worker who filed for or received workers’ comp. Conversely, facts that show an employer refused to accommodate an employee who returned from a workers’ comp-related absence will need a fair-minded Cleveland employment attorney to advise and represent the employee. The same fact-based analysis would lead an employment attorney to ally with the business or the worker in a work-related disability case.
The lawyers with Agee Clymer Mitchell and Portman welcome questions and requests from all parties in employment, workers’ compensation, and disability disputes. You can request a free consultation by calling us at (800) 678-3318 or by reaching out to us online.