I am an employment lawyer. If you are looking for the best employment lawyer then you probably have a lot of questions about what's happening with your job. You might be thinking there's employment discrimination going on. Maybe you're wondering what you can do about losing your job. Or it could be that you your employer is taking advantage by not giving you time off or not paying you overtime.
I offer the best FREE consultations. I will give you the best answers to your questions. I will tell you if you have a legal claim. We can then talk about how I can achieve results for you.
I am an employment lawyer. I have been in practice for 28 years. Unlike many an employment lawyer I do not buy expensive ad space in magazines to get ranked in a top ten list. My reputation is well-known. I am rated AV-Preeminent* by Martindale-Hubbell®, the oldest and most respected best attorney rating service in the United States and Canada. That rating comes from others lawyers and judges who know my work. The "A" means the best and highest legal ability; the "V" means the best and highest ethical standards. An AV® Rating signifies that a lawyer has reached the heights of professional excellence. He or she has usually practiced law for a number of years, and is recognized for the highest and best levels of skill and integrity. Check Martindale-Hubbell® if you want the best employment lawyer and ask yourself this question: Do I want a preeminent A-listed employment lawyer or a B-listed employment lawyer? It's a simple choice really.
I also publish the Cleveland Employment Law Blog. On this blog you can find articles and discussions on employment law and case decisions that are helpful to an employment lawyer and non-lawyers alike.
I also teach the law of Evidence at Cleveland-Marshall College of Law at Cleveland State University. I am an official member of the faculty on an adjunct basis (meaning that I teach on a part-time basis – I am after all a full-time practicing lawyer). You might ask, "What is the law of Evidence"? The answer fills thousands of books. The simple answer is as follows: The law of Evidence is the law of the courtroom. An employment lawyer cannot possibly win a trial, or even get a case to trial through the litigation process, without knowing the law of Evidence. I know the law of Evidence – I teach the subject. Combined with 28 years of courtroom and litigation experience, it can fairly be said that I am a formidable opponent for any lawyer I come up against. And, do employers go out and the best employment lawyer they can find? Yes, of course they do. So, if you want to succeed against a well-defended employer, you want the best employment lawyer, who can match and even out-match theirs. I'm that best employment lawyer.
If you call my firm at 216-522-0011 you will talk directly with me. If you hire me as your employment lawyer you will work with me. I will personally handle your case or situation. At some firms you will get passed off to a less-experienced, possibly new attorney, who doesn't have enough work to do. That will never happen with me. I handle my own cases and matters. You get my expertise and experience as a best employment lawyer.
Employment law is the body of law that controls the relationship between employer and employee. An employment lawyer represents either the employer or the employee. An employee rights attorney is a lawyer who protects the rights of employees. Employee rights include the right to be free from employment discrimination, the right to take time off for serious medical conditions, the right of disabled employees to get help doing their job, the right to a safe workplace, and the right to be free from retaliation when enforcing employee rights.
Employment discrimination occurs when an employer bases a decision about an employee on race, color, religion, sex, age, pregnancy, disability or national origin. A good employment lawyer in any employment discrimination case knows it always boils down to the reason for the employer's decision. An employer will argue the reason was legitimate. The employee's evidence must raise questions about the truth of the employer's reason. A jury then must decide whether race, color, religion, sex, age, pregnancy, disability or national origin played a part in the employment decision. Employer comments about the employee's race, color, religion, sex, age, pregnancy, disability or national origin are excellent indicators that employment discrimination has occurred.
Protected class refers to race, color, religion, sex, age, pregnancy, disability or national origin. It's a legal term used by an employment lawyer in discrimination cases.
Most employers are required to pay employees overtime for hours over 40 worked during a week. Overtime pay is 1-1/5 times an employee's regular wage rate. For example, if you are paid $10 per hour and work 60 hours in a week, then you are entitled to be paid $15 per hour for the 20 hours above your normal 40 hours. Some workers are completely exempt from the rules, while others are exempt or partially exempt from some of the rules. The most widely used and recognized exemptions from federal and state overtime requirements are the exemptions for "white collar" employees, such as executives, administrators and professionals. Whether an employee is exempt is determined by the employee's actual work activities.
The Family and Medical Leave Act (the FMLA) protects your job if you need to take time off for a serious health condition or due to pregnancy. The serious health condition can be your own or a family members. Fathers can take paternity leave under the FMLA to help care for the baby. Employers with at least fifty (50) employees within a seventy-five (75) mile radius of your workplace are covered by the FMLA. You are protected by the FMLA if you have worked for the employer for at least a year and worked at least 1,250 hours in the past year.
Sexual harassment occurs either when keeping your job depends on providing sexual favors to a person in charge, or when the workplace becomes hostile because of sexual attitudes.
The Americans with Disabilities Act (ADA) covers employers with at least fifteen (15) employees. Under the ADA a disability means an impairment that substantially limits a person's ability to function in the world. A disabled person who can perform their job with or without help is protected. The ADA requires covered employers to provide that help, which is called a reasonable accommodation. A reasonable accommodation can take many forms. If your disability is hindering your work performance you must ask your employer for an accommodation. The employer must discuss possible accommodations with you.
Most employment relationships are at will. This means that employers and employees can end the employment relationship at any time and for any reason. The courts, however, created an exception to the employment at will doctrine. It is called wrongful termination or discharge in violation of public policy. For short, employment lawyers call it simply wrongful termination. Wrongful termination or discharge is a different legal claim than discrimination and other employment claims. The key to a wrongful termination claim is pointing to a public policy that the termination goes against. The public policy must be found in the federal or Ohio Constitutions, a statute, administrative rules or regulations, or the common law (that is, judge-made law established in judicial decisions).
Employment at will means that employers and employees can end the employment relationship at any time and for any reason. Of course, any reason does not include employment discrimination, wrongful termination, and other reasons that are illegal.
The first thing you must do is file a claim with the Ohio Department of Job and Family Services (ODJFS). You must file a claim every week. You also have to apply for two jobs every week. ODJFS will send you an initial determination. The initial determination will tell you if there was just cause for employment termination. If you are denied unemployment benefits you must appeal to the ODJFS Director. If denied again appeal again. Your case will be sent to the Unemployment Compensation Review Commission (UCRC). The UCRC will schedule a telephone hearing. At the hearing you need to present evidence. You will have a chance to cross-examine the employer's witnesses.
Hire the best employment lawyer to represent you at the hearing. Let me say it again: Hire an employment lawyer to represent you at the hearing. Chances are the employer will have a professional representing them. You should too.
Yes absolutely, but you have to file a claim for unemployment compensation benefits first. The issue in claims for unemployment compensation benefits in Ohio is whether the firing was for "just cause." Just cause for termination exists under the unemployment laws of Ohio if a reasonable employer would have made the same decision. I have won most unemployment claims for my clients. I can bring the same level of success to your claim.