Employment law
A complex area of law
Did you know:
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There are three ways to calculate whether an employee is eligible for FMLA protection?
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That there are several common mistakes made in drafting Non-Compete Agreements that can make them invalid?
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That Ohio, Kentucky and Florida all subscribe to the "employment at will" doctrine?
Get the answers you need and contact us. Visit our contact page here.
The States of Ohio and Florida and the Commonwealth of Kentucky are all “employment at will states,” with some modifications. In the past, being an “employment-at-will” state meant that you could be hired and fired for any reason, or no reason at all. Now there have emerged significant restrictions on adverse employment actions against individuals, if a civil right or statute has been violated.
Title VII of the Civil Rights Act of 1964 and parallel state statutes forbid adverse employment actions based on gender, religion, ethnic origin, and race. Generally, such actions may be initially proven by circumstantial evidence of the status of replacements. Written contracts, as well as promises made by employers (and sometimes handbooks) may be used in “breach of contract” and “promissory estoppel” actions.
Finally, various laws proscribe firing persons for “whistleblowing”, for using worker’s compensation, for going on jury duty. It may also be illegal to fire someone for reasons that violate a significant “public policy”, such as consulting with legal counsel.
The Americans with Disabilities Act and the state parallel statutes forbid discrimination against “qualified individuals with disabilities”. A “qualified individual” is a person who is able to perform a job, with reasonable (and requested) accommodations. A disability is an impairment that substantially impacts major life activities.
The Family Medical Leave Act
The Family Medical Leave Act protects eligible employees who must take time off work to deal with their own illness or that of a family member, or for the birth or adoption of a new child. To be eligible, the employee must have worked for the employer for at least one year and 1250 hours in that year, and there must be at least 50 employees in a 75 mile radius of the workplace. We have represented numerous employees wrongfully terminated for taking protected leave.
Unlawful sexual harassment and sex discrimination is covered here.
It is also unlawful to discriminate against an employee for being pregnant. This applicable law is contained in The Pregnancy Discrimination Act.
Title VII of the Civil Rights Act of 1964 and parallel state statutes forbid adverse employment actions based on gender, religion, ethnic origin, and race. For more information, call us at (513)232-5297 or (813) 244-0644 to set up an appointment to review this complex area of the law as it affects you in Ohio, Florida, or Kentucky.
Finally, various laws proscribe firing persons for “whistleblowing”, for using worker’s compensation, for going on jury duty. It may also be illegal to fire someone for reasons that violate a significant “public policy”, such as consulting with legal counsel.
We at Croskery Law Offices have represented high level executive and professional employees many times in the past, and we also represent hourly workers who really need their job just to make ends meet.
We have deep experience drafting and reviewing severance agreements and other employee contracts, including consulting contracts and sales representative contracts. Call us to determine if we are a good fit for your needs.
We offer a free consultation on many employment-related questions. Do not hesitate to CALL (513) 232-LAWS (5297) or (813) 244-5580 with your questions.