FAQ

"If you have knowledge, let others light their candles in it."

Margaret Fuller (1810-1850)

Do I have a case?

Employment issues involve the detailed analysis of fact and law. Reliable legal advice should only be given after a comprehensive interview. A brief interview by phone can only provide a sense of whether you may have been subjected to an unlawful employment practice. It is best to meet with an attorney to review the facts and any relevant documents. Since employment law varies from state to state it is best to find an attorney licensed in the state where the claim arose.

What is the Equal Employment Opportunity Commission?

The EEOC is responsible for several federal statutes regulating employment. The three primary laws are Title VII of the Civil Rights Act of 1964, the Age discrimination in Employment Act (ADEA), and the Americans With Disabilities Act (ADA). These statutes prohibit discrimination in employment based on race, religion, color, sex, national origin, disability, age (of 40 or older), or retaliation. The EEOC web-site provides much information on the charge-filing, intake and investigative process. Click here for information provided by the EEOC on filing a charge.

What is a right to sue letter?

When the EEOC has ended its processing of a charge of discrimination without resolving the matter or filing suit itself it issues the person who filed the charge a letter called a “Notice of Right to Sue”. This document evidences that you have 90 days to file a law suit. The Right to Sue is a “jurisdictional prerequisite” to filing a law suit under Title VII of the Civil Rights Act of 1964, as amended. It is not a judgment on the merits of your claim by the EEOC. Indeed a right to sue is issued in cases the EEOC determined to have “no cause” to believe discrimination occurred, or even filed too late.

My right to sue deadline has passed - how do I renew my claim?

By federal law a Notice of Right to Sue gives a charging party the right to file a law suit within 90 days of the date on which the Right to Sue was received. This is not the same as three (3) months. This letter is not renewable. When it expires, so does your federal right, unless the person charged with discrimination agrees to permit an extension during pre-suit settlement talks. (Be sure to get any such agreement in writing). If you receive a Right to Sue based on a “no cause” determination, put your emphasis on finding a lawyer to file suit on your behalf and not on having the EEOC change its position.

If I have lost my federal rights does that mean I can’t file a law suit?

Most states, including Ohio, have state laws which parallel the federal laws. If these statutes and common law causes of action have sufficiently long periods of limitations and have not expired a state court suit could be filed. Be sure to consult with an attorney licensed in your state for accurate advice.

If I charge my employer with discrimination may I be fired?

Retaliation is prohibited by federal law. Protected activities, such as filing a charge of discrimination or testifying at a hearing concerning your employment cannot form the basis of an employer’s decision to subject you to an adverse employment action such as a termination or demotion. On the other hand, the filing of a charge does not insulate you from legitimate employment decisions by the employer. You can be fired “for cause”, whether or not you engaged in a protected activity.

What if my employer wants me to sign a non-competition agreement?

Non-competition agreements are valid and enforceable in Ohio, so long as they are reasonable as to time, geographic scope, and protect the legitimate interests of an employer. And, the terms of a non-compete agreement must be no broader that is necessary to protect the interests of the employer. Because they are enforceable any subsequent employment could be limited by the terms of your agreement. The enforceability of these agreements is tied to the particular facts of each case. If you have a signed agreement, consult an attorney before accepting another position which may violate its terms. As a general rule, we do not recommend signing non-competition agreements without consulting an attorney and considering all the ramifications.

My employer is not covered by federal employment laws. Does that mean I have no rights?

Federal laws regulating employment are applicable to employers based upon the number of employees they have or the dollar volume of their business. If your employer is not covered by federal law, there are state remedies available. For example, Ohio Revised Code, Chapter 4112 requires only four (4) employees, in order to be able file a charge with the Ohio Civil Rights Commission. In addition, claims for employment actions which violate public policy have no minimum coverage requirements.

Am I entitled to unemployment benefits if I quit or am fired?

If your employment is terminated “for cause” your claim for unemployment may be denied. Likewise, if you voluntarily resign you are not eligible to collect benefits. On the other hand if you are terminated for the convenience of the employer for example, due to a reduction in force, you may collect unemployment. There are other instances which would justify the receipt of benefits, consult counsel to determine if your situation may qualify for benefits. The final determination of eligibility is made by the agency with an appeal to the court of common pleas.

My employer defamed me by accusing me of wrong doing – what is my remedy?

Defamation in the employment arena must be carefully looked at before suit is filed. Employers have a “qualified privilege” with respect to employees. An essential element of defamation is the publication to others of the defamatory (and false) information. However, companies are not managed by a single person. Since communication is necessary an exception exists with respect to what is considered “publication”. So long as the communication is limited to those “with a need to know” the privilege applies. Thus, a supervisor who communicates to the HR department enjoys immunity from suit. On the other hand, putting the same information in the company news letter would not be privileged.

May my employer fire me without “just cause”?

Yes. “Just cause” for termination requires an employer to have a legitimate reason for terminating an employee. A just cause provision is the mainstay of collective bargaining agreements. However, Ohio is an “at-will” state. Thus, absent a CBA employees in Ohio may be discharged by their employer for good reason, bad reason, or no reason at all, provided that their termination is not contrary to a statute or public policy.

May my employer fire me because of my disability?

No. Title I of the Americans with Disabilities Act of 1990, took effect July 26, 1992. It prohibits private employers, state and local governments, employment agencies and labor unions from discriminating against qualified individuals with disabilities in job application procedures, hiring, firing, advancement, compensation, job training, and other terms, conditions and privileges of employment. However, you must be able to perform the essential functions of the job.

How do I know if I am a qualified individual with a disability?

An individual with a disability is a person who:

A “qualified individual with a disability” or QUID is an individual who, with or without reasonable accommodation, can perform the essential functions of the job in question.

What is considered to be a “reasonable accommodation”?

An employer is required to make an accommodation to the known disability of a qualified individual if it would not impose an "undue hardship" on the operation of the employer's business.

Undue hardship is an action requiring significant difficulty or expense when considered in light of factors such as an employer's size, financial resources and the nature and structure of its operation. An employer is not required to lower quality or production standards to make an accommodation, nor is an employer obligated to provide personal use items such as glasses or hearing aids.

Reasonable accommodations may include:

What is considered to be a “major life activity”?

As used in the ADA the word “major” means “important”. “Major life activities” are those activities which are of central importance to daily life. These activities include walking, seeing, and hearing.

Although many activities are important to us individually, they are not considered important by the courts. Each of the following has been determined NOT to be a major life activity by at least one court: driving, travel, eating chocolate cake, communication, concentration, climbing a ladder, walking up steps, attending medical school, attending day care, swimming, hunting, flying, mowing the lawn, gardening, hugging ones spouse less tightly than previously, playing baseball, and playing with children.

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