4 Types of Employment Law Disputes
As an Ohio employee, you have rights. There are legal protections in place at the state and federal level. Even if you are not an employee but are a contract worker, you have established rights in certain employment situations.
If you have a workplace dispute and are wondering what paths to justice are possible, talk to a Columbus employment attorney about your situation. There are different types of employment law disputes, your situation could fall into one or more categories.
Wage and Hour Disputes
When an employer does not fully or properly compensate an employee, it is typically categorized as a wage dispute. This could mean an employer failed to compensate a worker for overtime hours or they did not distribute earned tips properly. Minimum wage issues are also wage disputes.
There are also times when workers are misclassified leading to wage disputes. For example, if a person is incorrectly designated as an independent contractor by an employer, rather than an official employee, it can result in the worker losing out on certain worker protections, benefits, and bonuses. Misclassifications also carry tax implications. Even when employees are properly designated, employers may still misclassify employees as “exempt” (or not entitled to overtime wages) even though they are actually “non-exempt” (entitled to overtime wages). Misclassification issues can be difficult. Thus, individuals are best served by hiring an experienced unpaid wages or unpaid overtime lawyer to assist them.
Under law, an employer can’t treat an employee in an unfavorable way on the basis of their race, sex (including gender identity or sexual orientation), pregnancy, age, color, religion, national origin, disability, or genetic information.
Protections are in place and reasonable workplace accommodations should be allowed. There are also times when cases come about because an employee experiences discrimination and when they complain an employer retaliates. A Columbus employment attorney has the knowledge to move your dispute forward. For example, the first step may be filing a claim with the Equal Employment Opportunity Commission (EEOC). Our experienced employment lawyers can guide you through the process to a successful resolution.
Ohio is an at-will state. Because of this, wrongful termination cases can be complex and difficult. In an at-will state, an employer can legally terminate an employee at any time and for any reason, provided doing so does not break any laws and there is no collective bargaining agreement or employment agreement in place. To prove a wrongful termination allegation, the work of the employee may be questioned. While the process can be emotional, there are options when a termination was unlawful (in violation of an employment law).
Severance Negotiations and Disputes
Severance negotiations and disputes are common when an employer (or rarer – an employee) decides to terminate the employer-employee relationship. Oftentimes, the employer will provide an offer of severance which requires an employee to waive any rights to take future legal action, among other things. Severance agreements could include language complete with non-compete clauses and information about payouts should the agreement be ended. Review and negotiation of severance agreements is a common occurrence.
Talk to an Ohio Employment Lawyer
Employment law can be complex. After all, there are different types of claims, all appropriate in different situations. If you have a sensitive workplace dispute, you need an experienced employment attorney working for your best interests.
Do you have an employment dispute and are in need of legal guidance from an employment attorney? Contact the employment lawyers at Coffman Legal LLC today. We are strong and committed employment law advocates for all Ohio workers and use our experience and knowledge to help you. Call 614-949-1181 for a free and confidential consultation with an employment lawyer.