Cleveland Employment Lawyer

Protecting Your Workplace Rights

You deserve to know your rights are protected and respected at your place of work. If you have any reason to doubt that this is the case, it’s time to contact an employment attorney to learn what your specific workplace rights are and what you can do if your employer or coworkers have ignored them. Luckily, the legal team at Watson Kuhlman, LLC would be happy to sit down with you and discuss some possible solutions to your job-related issues, so we encourage you to call our Cleveland, OH law firm.

We have experience defending employees from all kinds of workplace injustices, ranging from discrimination based on gender identity or the identity of a criminal record to unpaid wages, overtime violations, and workplace bullying. We also have vast experience in dealing with the Equal Employment Opportunity Commission (EEOC), as well as labor boards at the state and local levels.

While we have years of experience representing employees whose rights have been violated in the workplace, we also offer our legal services to employers who need help understanding and applying the labor and employment laws in Cleveland, OH. In particular, we often work with employers who need help ensuring they comply with all regulations, as well as developing and enforcing personnel policies that protect both the employer and employee alike. When employers face non-compliance or employment and business disputes, our employment attorneys can protect their interests by providing comprehensive advice on the best course of action for their business.

So, whether you are an employer dealing with employment and labor matters or an employee facing employment discrimination, wrongful termination, sexual harassment, or a hostile work environment, our experienced Cleveland employment law attorneys can guide you through the complexities of employment and labor laws to protect your rights. We are committed to helping our clients find solutions to a variety of important work-related issues.

Our attorneys provide top-notch legal counsel and representation with integrity, understanding, and compassion. If it turns out litigation is necessary to solve the legal issue, you can rest assured that our employment attorneys can handle it, as we’re ready to take on the most complex employment law cases. We’re proud to offer personalized legal counsel tailored to each client’s unique situation, as well as a free consultation that allows us to assess each case and create a resolution plan, so call today to schedule an initial appointment with a caring Cleveland employment attorney.

What Types of Employment Laws Exist?

The lawyers at our Cleveland, Ohio employment law firm have spent years helping clients navigate a range of employment matters, ensuring that all legal rights are adhered to and no one is treated unfairly at work. After all, our employment law lawyers are updated on the laws regulating the workplace and know how to apply them to their clients’ legal cases. These laws were developed by state and federal courts to protect employees and cover a variety of topics, including minimum wage, workers’ compensation, overtime pay, discrimination and harassment, safety and health standards in the workplace, and more.

Some of the most important labor and employment laws that apply to many cases include:

Civil Rights Laws: These laws protect employees from discrimination based on race, color, religion, sex (including pregnancy), national origin, age (40 or older), disability, or genetic information. Title VII of the Civil Rights Act of 1964 is the main federal law that prohibits discrimination in employment
Wage and Hour Laws: These laws ensure that employees are paid at least the minimum wage for all hours worked, and that they receive overtime pay for hours worked over a certain number of hours per week (usually 40). The Fair Labor Standards Act (FLSA) is the main federal law that governs wage and hour standards
Workplace Safety and Health Laws: These laws protect employees from unsafe working conditions. The Occupational Safety and Health Act (OSHA) is the main federal law that sets standards for workplace safety and health
Family and Medical Leave Laws: These laws allow employees to take unpaid leave for serious medical reasons or take care of a sick family member. The Family and Medical Leave Act (FMLA) is the main federal law that provides for unpaid leave for qualified employees
Workers’ Compensation Laws: These laws provide benefits to employees who are injured or become ill on the job. Workers’ compensation laws are state laws, so they vary from state to state
Labor Relations Laws: These laws govern the relationship between employers and labor unions. The National Labor Relations Act (NLRA) is the main federal law that protects the rights of employees to form unions, bargain collectively with their employers, and engage in other protected activities

This is just a list of some of the most common types of employment laws. There are many other laws that may apply to your workplace, depending on your location, industry, and the number of employees working at the company. If you have any questions about employment law, an Ohio employment attorney can provide answers. Call our law office today to discuss the employment issues you’re experiencing and find out how a skilled employment law attorney can help.

How Can Employers Ensure They’re Adhering to the Labor and Employment Laws in Cleveland, Ohio?

While representing employees is important to us, our law firm serves clients in all roles, including employers. So, if you’re a business owner, hiring manager, or managing partner with employees, you might have questions about how to avoid or respond to accusations of employment discrimination, unfair treatment, wrongful termination, unpaid overtime, sexual harassment, or other violations of your employees’ civil rights. Our attorneys can carefully consider your legal concerns and advise you on how to navigate the situation, providing any employment litigation assistance you might need.

Among the best ways to avoid legal issues with your employees is ensuring you’re aware of and able to adhere to the federal and state employment laws. For example, you must pay your employees fair compensation, starting by offering at least minimum wage. This is regulated by both federal and state laws. The current federal minimum wage rate is $7.25 per hour.

However, some states have set their own higher minimum wages, with Ohio being one of them. This state’s minimum wage for non-tipped employees is $10.70 per hour. For tipped employees, it’s $5.35 per hour. As an employer, it’s your responsibility to be aware of your state laws regarding fair compensation if you want to avoid class action lawsuits and other legal actions taken by employees. Keep in mind that these laws change over time, as the minimum wage typically increases every few years, so be sure to stay updated on this topic.

Another important employment law to stay informed on is workers’ compensation. This program provides financial benefits to employees who are injured on the job or become ill due to a work-related condition. Injured or sick employees can make a workers’ compensation claim to get monetary benefits to pay for their medical care, rehabilitation costs, lost wages, and other expenses. The alternative to this type of claim is a personal injury case against anyone who could be held liable for the employee’s injury or illness. Workers’ compensation claims are much simpler and more cost-effective for employers to deal with than personal injury cases, so it’s best to ensure you have this type of insurance to cover your employees.

Overtime pay is also regulated by federal and state laws, including the Fair Labor Standards Act. Employees must generally be paid one and a half times their normal rate of pay for any hours they work beyond 40 in a single week. There may be different rules depending on whether the employee is exempt or non-exempt from overtime regulations, so consult with an employment law attorney if you have questions about this.

Another legal issue to be aware of is employment discrimination, which Title VII of the Civil Rights Act made illegal. This type of discrimination occurs when an employer treats employees differently based on their protected characteristics, such as race, gender, age, religion, or national origin.

Note that the same act made workplace harassment illegal. Harassment is a type of discrimination that involves unwelcome behavior, such as threats or insults, directed at an employee based on a protected characteristic. If an employee has accused you of sexual harassment or a hostile work environment, you should talk to a lawyer about these civil rights violations, as you face legal consequences if the allegations are proven.

Employers are also responsible for maintaining safety and health standards in the workplace. This includes providing safe working conditions, proper protective equipment, and adequate training to reduce the chance of injury or death. In addition, employees have certain family and medical leave rights under federal law, and it’s important not to violate these rights.

Some employees and employers clash over contract negotiations, as not everyone is willing to agree to certain terms involving the workplace. For example, many companies protect their trade secrets – including confidential business information they must store to remain competitive – by limiting access and using non-disclosure agreements. They might also use non-compete agreements to keep former employees from working for a competing company or starting their own business in the same industry.

These agreements are subject to certain restrictions and must meet certain criteria to be enforced. If you’re worried about the legality or enforceability of these or other types of employment contracts, call our Cleveland, Ohio law firm to have an employment attorney review them for you.

What Causes Employment Disputes?

Numerous factors can lead to an employment dispute in the workplace. It may be determined that an employer treated an employee unfairly or illegally. This could involve unlawful firing, discrimination, or failure to give required breaks or pay unpaid salaries. The following are some of the most common reasons for employees to take legal action against their employer:

Wage and Hour Disputes: These disputes can arise over a number of issues, such as overtime pay, minimum wage, meal breaks, and tip pools
Wrongful Termination: This occurs when an employee is fired for an illegal reason, such as discrimination or retaliation
Discrimination and Harassment: This can include discrimination based on race, religion, sex, age, disability, or national origin. Harassment can be verbal, physical, or sexual in nature
Severance Agreements: These agreements are employment contracts between employers and employees that outline the terms of the employee’s departure from the company. Severance agreements can sometimes be complex and confusing, and employees may need to consult with an attorney before signing one
Family and Medical Leave: The Family and Medical Leave Act (FMLA) allows eligible employees to take up to 12 weeks of unpaid leave per year for serious medical reasons or to care for a sick family member. However, disputes can arise over whether an employee qualifies for leave or how much leave they are entitled to
Whistleblower Retaliation: Employees who report illegal activity by their employer are protected from retaliation under federal law. However, employers may sometimes find ways to retaliate against whistleblowers in more subtle ways
Workplace Safety: Employers have a legal obligation to provide a safe workplace for their employees. However, disputes can arise over what constitutes a safe workplace and who is responsible for safety violations

Employees may also feel wrongfully accused of misconduct by an employer and choose to take legal action over the matter. Another common issue that can arise is when employees are not provided with adequate health and safety protection at work, which is illegal according to many state laws. Medical leaves and disability accommodations are highly regulated, often presenting challenges to employers and employees who don’t understand or adhere to the laws.

Along with these problems, pay and benefit disputes can arise between companies and unions. Legal action can be required to secure a settlement if negotiations cannot be resolved through conversation.

If you’re an employee or employer dealing with issues involving sexual harassment, disability discrimination, wrongful termination, sex discrimination, or other legal issues, contact our law office today for a free consultation. Our legal practice assists clients with a variety of legal problems affecting the workplace, and we’re eager to advise you on the next steps in your case.

Who is Eligible for Employment Benefits in Ohio?

Cleveland employment lawyers can help you understand which benefits are available to you depending on your employment status. Generally, most employees are eligible for state and federal-mandated benefits. These may include Social Security, unemployment insurance, workers’ compensation, medical insurance, dental insurance, and more.

In addition to these benefits, many employers offer additional ones as part of their employee benefits packages, such as retirement plans, stock options, tuition reimbursement, or other perks. Most employers discuss the benefits they offer when recruiting new employees, so be sure to check your employee handbook or new-hire paperwork to clarify what you’re entitled to.

However, if you’re a contracted or freelance worker (such as an independent contractor or freelancer), you might not qualify for the same amount or types of benefits that full-time employees receive. You should consult an employment lawyer to verify what kind of eligibility applies to your situation.

Keep in mind that you have certain civil rights regardless of your employment status. If you think your rights have been violated through unfair treatment, sexual harassment, wrongful termination, or other work-related issues, contact a skilled employment law attorney at our Cleveland, Ohio law office to discuss your legal options during a free consultation.

How Can a Cleveland Employment Lawyer Resolve Your Legal Issues?

An employment law lawyer is proficient in laws that relate to the workplace. They are experienced in understanding and interpreting these laws and can provide legal advice on a variety of topics, many of which former clients have come to us with.

If you’re dealing with an employment-related issue or have questions about your rights as an employee, it may be time to contact a Cleveland employment lawyer. Working with a knowledgeable lawyer can help you determine the best course of action for your situation and protect your rights throughout whatever action you decide to take.

Watson Kuhlman, LLC is a well-established employment law firm with extensive experience in providing legal guidance for workers across the state. Our team of lawyers is qualified to represent individuals, companies, and unions in workplace disputes and will strive to ensure the best possible outcome for our clients. If you’re ready to talk to a trusted employment attorney, call (216) 208-7858 for a free consultation.