Employment Discrimination
Employees are afforded protections under a number of federal and state anti-discrimination and retaliation statutes. An employer may not legally make hiring, firing, or promotion decisions, or any other decision that impacts the terms and conditions of employment, on the basis of certain protected classes, like an employee’s gender, race, age, national origin, disability, or religion. Similarly, an employer may not retaliate against an employee who has complained about mistreatment related to these protected classes. The attorneys at Sobel, Wade & Mapley have experience representing clients in cases brought pursuant to Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, the Age Discrimination in Employment Act, as well as Ohio’s state law counterparts. If you have been subjected to any discrimination in the workplace, contact us for a free consultation.
Unpaid Overtime
Both federal and Ohio law require most employers to pay all non-exempt employees at least minimum wage, as well as time and one half for all hours worked beyond forty per workweek. The determination of whether an employee is exempt from these laws is not always easy and is frequently litigated. The attorneys at Sobel, Wade & Mapley have experience helping clients navigate the Fair Labor Standards Act, as well as Ohio’s analog statute. If you think you have been unfairly denied overtime or have not been paid minimum wage, contact us for a free consultation.
FMLA
The Family and Medical Leave Act of 1993 (FMLA) is a United States federal law requiring covered employers to provide employees job-protected and unpaid leave for qualified medical and family reasons. Qualified medical and family reasons include: personal or family illness, family military leave, pregnancy, adoption, or the foster care placement of a child. FMLA can be a very complex area to navigate. Only certain employers are required to offer their employees FMLA, and not all employees are eligible. Even after an employee is approved for FMLA leave, there are complex rules for calculating the number of days taken and the recertification process.
Your employer is required to notify you of your eligibility for FMLA, and they cannot prevent you from taking FMLA, or retaliate against you for doing so. The attorneys at Sobel, Wade & Mapley have experience navigating the complex issues around FMLA and representing clients who have experienced FMLA interference and retaliation. If you have any issues related to your FMLA leave at work, contact us for a free consultation.
Sexual Harassment
Sexual harassment can and does happen in the workplace. Sexual harassment includes unwelcome sexual advances, requests for sexual favors, and other verbal or physical harassment of a sexual nature. Even offensive remarks about gender are considered sexual harassment. Both men and women can be victims of sexual harassment, and you can be sexually harassed by someone of the same sex.
Sexual harassment is illegal when it is so frequent or severe that it creates a hostile or offensive work environment or if you are fired or demoted because of the sexual harassment. The attorneys at Sobel, Wade & Mapley have experience representing clients who have been victims of sexual harassment at work, including men, women, and transgender individuals, and clients who were terminated for reporting that others were the victims of sexual harassment. If you have been subjected to, or witnessed, sexual harassment in the workplace, contact us for a free consultation.
Whistleblowing
Employees who report certain types of employer wrongdoing are legally protected from retaliation. Depending on the type of conduct at issue, an employee may be protected under Ohio’s whistleblower statute, myriad federal statutes, or a combination thereof. Many whistleblower statutes, including Ohio’s, have very specific requirements. The attorneys at Sobel, Wade & Mapley have experience helping clients navigate these requirements and getting justice when they have been retaliated against. If you have witnessed illegal activity in the workplace and have or are contemplating reporting the activity, contact us for a free consultation.