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Workplace Issues: When to Seek Legal Counsel

A company’s policies set expectations and hold management accountable to abide by employment laws, which in turn, advances the fair treatment of employees. It’s important for businesses to have written (digital and printed version) company policy manuals that detail what the employer expects from its employees, particularly related to performance and behavior.

Common challenges encountered in the workplace:

Employment discrimination involves categories called “protected classes” which are unlawful under Ohio law. Employment discrimination occurs when an employer treats an employee or an applicant for employment differently based on the person’s race, color, religion, sex, national origin, disability, age, ancestry and/or military status.

If there is no employment contract, at-will employment means that employers can terminate employment for any reason, or no reason. At-will employment decisions cannot be based upon any protected class characteristics.

Being fired from a job can be devasting. Loss of stable income hits home and feelings of rage or shame may emerge. It’s especially egregious if an employer discharges an employee for an unlawful reason. If so, the job loss may qualify as wrongful termination.

Harassment occurs when an employer provides job benefits in exchange for intimacy. This is called “quid pro quo” and it is illegal. Another category of unlawful harassment is termed a “hostile work environment” which occurs when unwelcome behavior is targeted toward a protected class and becomes so severe and pervasive that it interferes with the victim’s ability to perform the job.

Typically, job interviews are essential to the hiring process. Interviews should be used to screen applicants based on their skills, relevant training, and experience. Permissible questions are those that elicit information about an applicant’s qualifications. It is not permissible for employers to ask job candidates questions that probe about the person’s protected class categories.

The state’s fair-employment laws are meant to protect both the employer and the employee. It’s advantageous to end improper conduct before it becomes unlawful to ease tension in the workplace and reduce the likelihood of a lawsuit.

Protect Your Rights

Employment matters are personal and require legal guidance to ensure that the employee and the employer are acting within the law.

Contact us today to learn more. Call (440) 930-4001 or visit our firm at 5455 Detroit Road, Sheffield Village, Ohio 44054.

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What should I do if I believe I have been wrongfully terminated?

Contact us to help you navigate the complex legal process associated with employment laws. Call us at 440-930-4001 for a free consultation.

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Please give us a call at 440.930.4001 or complete the form below. We look forward to connecting with you soon.

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