The Family and Medical Leave Act is a critical protection for many employees who need maternity leave, medical leave for their own serious health condition, or leave to care for a family member with a serious health condition. That said, as Ohio FMLA lawyers, we often see the Act’s limits. For one thing, it doesn’t… Read More
What is Retaliatory Termination?
Retaliatory termination is an umbrella term that refers to an employer firing an employee for doing something protected by Ohio or federal law. It’s also commonly referred to as whistleblower retaliation or wrongful termination. Whatever the label, though, if you have been wrongfully terminated for standing up to illegal behavior at work, call a wrongful… Read More
If I am a tipped employee, am I entitled to minimum wage?
The federal Fair Labor Standards Act (or FLSA as it is called), which governs payment of minimum wage under federal law, allows employers to take a “tip credit” toward its minimum wage for employees who customarily receive tips as part of their wages. Regardless, the employer must pay the employee at least $2.13 an hour,… Read More
Can you give me a sexual harassment definition?
Sexual harassment is generally defined as unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature that unreasonably interferes with an individual’s job or that creates an intimidating, hostile, or offensive work environment. Unlawful sexual harassment can include touching or comments. But not all teasing or offhand remarks will… Read More
What must I prove to win an employment discrimination case?
Because there are many different types of employment discrimination claims, the necessary evidence will vary from case to case. In general, however, a plaintiff these cases has to show the employer took some adverse job action against the employee motivated by the employee’s race, color, sex, religion, national origin, pregnancy, age, disability, genetic information, or military status…. Read More
When can my employer ask about my medical conditions?
The Americans with Disabilities Act puts limits on when an employer can ask about an employee’s health or conduct medical exams. Before extending a job offer, an employer may not ask whether an applicant has a disability. An employer may make pre-employment inquiries about whether an employee can perform job-related functions, however. After extending an offer… Read More
How do I prove I have a disability under the Americans with Disabilities Act?
The Americans with Disabilities Act (“ADA”) protects employees from employment discrimination on the basis of disability. To prove an employee has an actual disability, the employee must show he or she has “a physical or mental impairment that substantially limits one or more major life activities of such individual.” Each of those terms is defined by… Read More
What damages can I recover for employment discrimination in Ohio?
Most employment discrimination claims allow an employee to recover lost wages and benefits, including both back pay and front pay. Most claims also permit recovery for emotional distress and punitive damages, the latter of which are designed to punish and deter discriminatory behavior by employers. Some claims don’t allow for emotional distress or punitive damages… Read More
