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The Most Important Thing You Can Do Today: Call The Right Attorney.™

Maybe you are asking yourself, "Do I have a claim for being fired or wrongfully terminated," or you are wondering, "My boss is touching me.  What should I do?" You might be asking "Can I be fired for taking medical leave?" or "How do I report my boss for discriminating against me because I'm Black or based on my race or national origin?" or "I just filed a Worker's Compensation claim and got fired. Now, what do I do?"

The Answer Is Simple, Call: The Employee's Attorney.

It is really tricky to know your employment law rights in the modern workplace. If you are saying, "I'm being discriminated at work," then you have come to the right place. The employment lawyers at The Spitz Law Firm, LLC are here to help you.

All employment attorneys, discrimination lawyers and employee rights law firms are not created equal. The American Bar Association reports that there are now over 1.2 million attorneys in the United States. Some of these attorneys appear in television commercials, but not in Court. Some employment lawyers can tell you what the books say, but couldn’t find the Court, let alone litigate a sexual harassment case in front of jury.

After successfully taking on many Fortune 500 companies, in 2013, Brian Spitz was recognized in Newsweek Magazine as one the 30 overall “Nationwide Top Attorneys.” Previously, in 2012, Brian Spitz was recognized in Newsweek Magazine as one of the Top 20 Leaders in Employment Law in the United States for 2012. The National Trial Lawyers Association has repeatedly selected Brian Spitz to its list of Top 100 Trial Lawyers based on his success in the Court and handling civil litigation matters. Brian is also a member of the Million Dollar Advocates Forum, which is a select group of a few attorneys that have claimed victory at trial in an amount over one million dollars. Every attorney at The Spitz Law Firm has also been certified as Lead Counsel Rated by Law Info.

Our employment attorneys are here to help you. We offer FREE and CONFIDENTIAL consultations. Because we know that many clients are not able to afford the costs of litigation up front, we take most employment law cases on a contingency fee basis. Contingency fee agreements mean that the client need not pay any fee for legal services unless the attorneys recover money and/or results. And, in certain cases, certain employment laws provide that the employer will actually have to pay the employee’s attorneys’ fees.

Whether you are employed in an office, restaurant, factory, storefront or even a hospital, there is likely at least some form of employment discrimination, sexual harassment, unlawful firings, force outs, illegal layoff, demoted, overtime violations, unequal wages, or hostile work environments. Employers have employment attorneys, lawyers and law firms at their disposal. Many employers will abuse and violate employees’ legal rights because they believe that the employees will not find an employment attorney or lawyer of their own.

What Is Employment Discrimination?  How Do I Know What My Employment Rights Are?

Employment Discrimination Lawyer: The federal government and the State of Ohio have passed laws that prohibit private persons, organizations or governments from taking adverse actions or discriminating against employees because of certain classes protected characteristics. The laws that protect from employment discrimination include: Title VII of the Civil Rights Act of 1964, American with Disabilities Act (“ADA”), Family Medical Leave Act (“FMLA”), and related Ohio statutes such as R.C. § 4112.99, R.C. § 4123.90, R.C. § 4112.02(N), R.C. § 4112.05, and R.C. § 4112.14. These employment discrimination laws have different statutes of limitations. Therefore, if you even think that you may have an employment discrimination or wrongful termination claim you should contact employment law attorneys as soon as possible.

What Are The Classes Protected From Employment Discrimination? Do I Have A Claim For Employment Discrimination?

Employment Discrimination Lawyer: The class of employees typically protected from discrimination include employees who suffer adverse employment actions based on their: Race; Religion; Age (over 40); Disability; Gender; Military Status; or National Origin. Employees are also protected from employment discrimination based on their choice to engage in certain protected activities, such as taking Family Medical Leave, filing a Workers’ Compensation Claim, complaining of Wage Violations, or making other Whistleblower Claims.

What Is Sexual Harassment? Do I Have A Claim For Sexual Harassment?

Employment Discrimination Lawyer: There are various forms of sexual harrassment, including quid pro quo sexual harassment (requiring sexual favors for job benefits) and sexual harassment hostile work environment (creating a sexually charged employment environment) (Read more). Sexual harassment laws do not distinguish between claims by men or women, and do not require the harasser to be of the opposite gender. Title VII allows sexual harassment victims to recover back pay, lost wages, be reinstated, future pecuniary losses, emotional pain, suffering, inconvenience, mental anguish, loss of enjoyment of life, and other nonpecuniary losses. These sexual harassment victims can also win punitive damages if the employer acted with malice or with reckless or callous indifference.

Under Employment Discrimination Laws, What Does Wrongful Termination Mean?  Was I Wrongfully Fired?

Employment Discrimination Lawyer: Under federal and Ohio employment discrimination laws, wrongful termination or wrongful firing occurs when an employer either fires an employee or forces an employee to resign based, at least impart, on one of the above discussed protective employment discrimination classes. For the most part, the basis for termination does not need to be the only fact, or even the primary factor to have an employment discrimination claim for wrongful termination, but it may only have to be a factor to give a rise to an employment discrimination claim. As for forced resignations, employment wrongful termination lawyers call this a constructive discharge.

Does An Employee Have To Be Fired To Have An Employment Discrimination Claim? What Should I Do If I'm Being Forced Out Of My Job?

Employment Discrimination Lawyer: No. Employment discrimination claims protect employees from any adverse employment actions based above discussed protective employment discrimination classes. Ohio and federal courts have traditionally defined an adverse employment action as a materially adverse change in the terms and conditions of employment. To be materially adverse, a change in working conditions must be more disruptive than a mere inconvenience or an alteration of job responsibilities. Adverse employment actions, of course, always include the acts of hiring, firing, refusal to hire, demotions, unpaid leaves of absence and pay cuts. Under employment discrimination laws, an adverse action may also include non-renewal of a contract, false of exaggerated negative performance reviews, shift changes, transfers, material loss of benefits, and significantly diminished material responsibilities, among other possibilities.  However, if you think that you are being forced out, calling an attorney quickly is critical because an employment lawyer can help navigate your exit in a way that best protects your rights and possible claims.

How Do Employment Attorneys Prove Employment Discrimination Or Sexual Harassment?

Employment Discrimination Lawyer: Each employment discrimination case is different, and qualified employment discrimination attorneys will approach each case differently. But, on a very basic level, employment discrimination and wrongful termination claims can be proven “directly” or “indirectly.” The direct method usually involves an admission or other overt discriminatory statement by the employer, such as “I won’t have any n****rs in management;” or “you’ve been on the job for 35 years and we need to get younger, so you’re fired.” When proving employment discrimination indirectly, three steps are involved. First, the employee has to show that he or she is qualified for the position and is of a different race, sex, ethnicity, religion, or other protected classification than people who were treated better or got the job. Second, the employer is required to provide a legitimate reason for different treatment. Third, the employee has the opportunity to show that the employer’s reason was a pretext, or a lie, which can be done by pointing to recent good reviews, raises, or promotions.

Under Employment Discrimination Laws, Can Employers Retaliate Against An Employee For Making A Claim For Employment Discrimination Or Sexual Harassment? What Do If I Am Fired For Reporting Unlawful Discrimination Or Sexual Harassment?

Employment Discrimination Lawyer: Broadly speaking, Title VII’s retaliatory prohibitions and Ohio’s counterpart located in R.C. § 4112.02(I) make it illegal for an employer to punish an employee for reporting or participating in an investigation of any complaints of employment discrimination or other protected activity. Thus, a white employee is protected from retaliation after reporting race discrimination; and men are protected after refusing to wrongfully fire an employee. Recently, in Thompson v. North American Stainless, the U.S. Supreme Court held that employees were protected from retaliatory discrimination based upon their association with an employee who participated in protected activity. Thus, employers cannot fire the husbands of women workers that complain of sexual harassment.

Don’t try to go it alone. Call the right attorney today and get the benefit of an experienced law firm that fights tooth and nail for its clients’ rights. At The Spitz Law Firm, our attorneys put our tradition of excellence in civil litigation to work for you in resolving employment disputes in Cleveland and throughout the State of Ohio. Our dedicated team of experienced attorneys represents employees in all types of civil litigation and disputes, including:

 

 

 

 

 

 

Call the right attorney now for a FREE & CONFIDENTIAL consultation.

FOR A FREE AND CONFIDENTIAL
CONSULTATION

  • The Spitz Law Firm, LLC
  • 4620 Richmond Road, Suite 290
  • Warrensville Heights, Ohio 44128
  • Phone: (216) 273-3742
  • Toll-Free: 1-888-70-RIGHT
  • Fax: 216-291-5744
  • By Appointment: Independence,
    Westlake, Akron & Columbus

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Best Ohio Gender Discrimination Attorney Answer: Is it legal for my job to treat me differently than my female coworkers? Can my boss fire me for because I’m a man?  Can my employer consider my gender when deciding whether to fire me?  Can my manager discipline men more than women for the same violation? There […]
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Best Ohio Race Discrimination Attorney Answer: I’m a minority, and I’m not getting paid overtime – is that discrimination?  What if I know my boss is paying non-minority workers overtime?  What if my boss isn’t paying me overtime, and he isn’t paying anyone else overtime either – is that discrimination? Am I entitled to equal […]
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Brian D. Spitz

Brian Spitz is the founding and managing attorney of The Spitz Law Firm, LLC. In 1997, Brian graduated from Case Western Reserve University with honors. In 2007, Brian took his passion for vigorously representing his clients and directed it into founding The Spitz Law Firm.

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Christopher P. Wido

Christopher P. Wido is an associate attorney at The Spitz Law Firm, LLC. Prior to attending Law School, Christopher served in the United States Air Force in Enid, Oklahoma. In 2013, Christopher graduated from The University of Akron School of Law with honors.

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Fred M. Bean

Fred M. Bean is an associate attorney at The Spitz Law Firm, LLC. In 2010, Fred graduated from Case Western Reserve University with honors. While in law school, Fred gained extensive legal experience working on personal injury, medical malpractice and employment law cases.

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Kelly Wilson

Kelly L. Wilson is an associate attorney at The Spitz Law Firm, LLC. In 2009, Kelly graduated from Cleveland Marshall College of Law with honors. While in law school, Kelly gained valuable legal experience working as a research assistant.

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Elizabeth Willamson

Elizabeth Williamson is a 2011 graduate of The Ohio State University Moritz College of Law. While in law school, Elizabeth gained extensive legal experience volunteering for a local legal aid organization and specializing in complex business litigation at some of the largest firms in the State of Ohio.

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Sean H. Sobel

Sean H. Sobel is an associate attorney at The Spitz Law Firm, LLC. In 2010, Sean graduated from Case Western Reserve University School of Law. While in law school, Sean gained valuable employment law experience working at the headquarters of the U.S. Equal Employment Opportunity Commission in Washington D.C.

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Paula Gallito Shakelton

Paula is an experienced litigator who began her career at the international law firm Jones Day and worked in its trial practice group. She then took a position at Ulmer & Berne where she localized her practice.

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