Several state and federal laws protect employees’ right to receive payments for all the hours they work and to perform their jobs without experiencing discrimination, harassment, or retaliation for doing the right thing. Sadly, the existence of those laws does not stop employers from mistreating workers.
From offices in Jackson and across Ohio, employee rights attorneys with Agee Clymer Mitchell & Portman stand up for workers. We advise and represent employees and job applicants on all types of labor and employment matters. We take a special interest in the following types of cases
Employers are not allowed to base decisions about who to hire, who to promote, what to pay, which assignments to make, or who to fire based on a person’s race, nationality, ethnicity, age, sex, religion, disability, pregnancy, or military service.
The federal Fair Labor Standards Act (FLSA) mandates a minimum wage and overtime pay for most hourly workers who put in more than 40 hours during a seven-day workweek. Overtime eligibility extends to employees who receive tips.
Employers have developed many ways to violate the wage and hour provisions of the FLSA. Just a few that we have seen while representing workers in individual and collective action lawsuits are telling tipped employees they do not qualify for overtime, threatening to fire people unless they do work off the clock, and misclassifying employees as contractors.
Courts recognize two types of sexual harassment. The first type, which is referred to as quid pro quo sexual harassment, involves a manager or supervisor making continued employment, career opportunities, or fair treatment conditional on sexual favors.
Being subjected to sexual harassment can also create a hostile work environment. In these situations, the harassment can take the form of unwelcome advances, offensive comments, unwanted touching, displays of pornography, or assault.
The victim and perpetrator can be of the same sex. Also, sexual harassment that creates a hostile work environment can be perpetrated by a superior, a coworker, or a customer or client. To meet the standard for taking legal action, the harassment must be severe or occur more than once.
Employees have undeniable rights—and, in many cases, legal and ethical obligations—to report and cooperate with investigations into discrimination, harassment, safety issues, and violations of laws and regulations. As employment law attorneys, we do all we can to protect individuals who stand up for themselves and others.
Workers get targeted for mistreatment and bullying for many reasons other than sex. Any trait or characteristic that can lead to discrimination can also subject an employee to harassment. When the harassment reaches the point that a person feels unsafe or unable to do their job, grounds for an employment lawsuit may exist.
Employers cannot penalize or fire workers who exercise their rights. Retaliation can take the form of harassment, demotion, denial of benefits and promotions, sabotage, or termination. Three of the more frequent reasons employers retaliate against workers are filing workers’ compensation claims, reporting discrimination or harassment, and taking unpaid leave under the Family and Medical Leave Act.
Employers actually have three ways to fire employees illegally. First, they can indulge in discriminatory intent, letting a worker go because of the person’s age. race, sex, religion or some other characteristic the decision maker does not like. Managers and supervisors can also terminate an employee in retaliation.
Last, employers can allow a work situation to grow so miserable, hostile or unsafe that an employee decides their only option is to quit. The legal term for this is “constructive discharge,” and it as illegal as discrimination or retaliation. You can speak with an employee rights attorney by calling our Jackson, Ohio, offices at (740) 288-2323. We also take appointments online through this contact form. The initial consultation will cost you nothing, and everything you share with us will be kept strictly confidential.