Practice area
Employment law
Work is how most people support their families, which is why a dispute with an employer is so unsettling. We advise employees on where they stand, review what they are asked to sign and pursue claims when the law has been broken.
Overview
Ohio is an at-will employment state, so an employer can generally end a job for any reason or none. There are important exceptions. An employer may not dismiss or punish someone because of race, sex, age, disability, religion, national origin or military status, or for reporting unlawful conduct, taking protected leave or claiming wages owed.
Many employment claims have short deadlines, and some must begin with a charge filed with a government agency before a lawsuit is allowed. A consultation early on, ideally before you resign or sign anything, keeps your options open.
We also review agreements. A severance agreement usually asks you to give up the right to bring claims in exchange for payment. A non-compete agreement may limit where you can work next. Both deserve a careful reading before you sign.
Matters we handle
Unpaid wages and overtime
Unpaid hours, unpaid overtime, withheld final pay and workers wrongly treated as exempt or as contractors.
Discrimination
Unequal treatment in hiring, pay, promotion or dismissal because of a protected characteristic.
Harassment
Conduct at work that is severe or frequent enough to change the conditions of the job.
Retaliation
Punishment for reporting discrimination, safety concerns or unlawful conduct, or for taking part in an investigation.
Medical and family leave
Denial of protected leave, or dismissal for taking it.
Severance agreements
Reviewing what you are offered and what you would give up, and negotiating where there is room.
Non-compete agreements
Advice before you sign, and when a former employer threatens to enforce one.
Who this is for
- You have been dismissed or disciplined and believe the reason given is not the real one.
- You are not being paid for all the hours you work.
- You have been handed a severance or non-compete agreement and a deadline to sign.
- You reported a problem at work and have been treated differently since.
What to do now
- Write down what happened, with dates, names and what was said, while you remember it clearly.
- Keep copies of pay stubs, schedules, reviews and any messages that relate to the problem, using only documents you are entitled to have.
- Do not sign a severance agreement on the day you receive it. You are normally given time to consider it.
- Use your employer's complaint procedure in writing, and keep a copy.
- Do not resign before you have had advice. It can affect both your claim and your benefits.
- Ask about deadlines early. Some claims must be started within months.
How the fee works
Depends on the matter
Reviewing a severance or non-compete agreement is done for a flat fee, which includes a meeting to go through it with you.
Claims for unpaid wages or discrimination may be handled by the hour, on a contingency fee, or on a blend of the two, depending on the claim. Whichever applies is explained at the consultation and set out in a written agreement, including how costs are treated.
What to bring to the consultation
- Your offer letter or employment contract
- The employee handbook or relevant policies
- Pay stubs and any record of hours worked
- Any agreement you have been asked to sign
- Performance reviews and written warnings
- Emails or messages about the events in question
- Your written timeline of what happened
Common questions
Can I be dismissed without a reason in Ohio?
Generally yes, because employment in Ohio is at will. But a dismissal is unlawful if the real reason is discrimination, retaliation or another reason the law forbids, or if it breaks a contract.
How long do I have to bring a claim?
It varies widely with the type of claim, from a matter of months to a few years, and some claims must begin with an agency charge. Please ask as soon as you can so that no deadline passes.
Should I sign the severance agreement I was offered?
Not before you understand what you are giving up. Signing normally ends your right to bring claims against the employer. Employees aged forty or over must be given at least twenty-one days to consider a release of age claims, and seven days to change their mind after signing.
Will my employer find out that I spoke with a lawyer?
Not from us. A consultation is confidential, and nothing is sent to your employer unless you decide to go ahead.
Attorneys who handle this
Miriam Castellan
Founding attorney
- State of Ohio, 2004
- U.S. District Court, Southern District of Ohio, 2005
- U.S. Court of Appeals for the Sixth Circuit, 2011
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