Race Discrimination thumbnail
Race Discrimination
Gender Discrimination thumbnail
Gender Discrimination
Overtime & Wage Claims thumbnail
Overtime & Wage Claims
Family Medical Leave Claims thumbnail
Family Medical Leave Claims
Religious Discrimination thumbnail
Religious Discrimination
Age Discrimination thumbnail
Age Discrimination
National Origin Discrimination thumbnail
National Origin Discrimination
Whistleblower Claims thumbnail
Whistleblower Claims
Workers’ Compensation Retaliation thumbnail
Workers’ Compensation Retaliation
Sexual Harassment Attorneys thumbnail
Sexual Harassment Attorneys
Disability Discrimination Attorneys thumbnail
Disability Discrimination Attorneys
Sales Commission Disputes thumbnail
Sales Commission Disputes

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

Blog

Top FMLA Lawyer Reply: Am I Eligible For Medical Leave From My Job?

Best Medical Leave Attorney Answer: How do I get FMLA leave? Do I qualify for FMLA? Can I be fired for taking medical leave? Is my job safe when I’m out on FMLA leave? How do I find an FMLA lawyer in Ohio? Our employment lawyers frequently fight defense employment attorneys on Family Medical Leave […]
Read More

Top Overtime Lawyer Reply: How Does Pay Work For On-Call Time?

Wage and Hour Attorney Best Answers: Am I entitled to compensation while you are on call? Should I be paid if I don’t get “called” while I am on-call? How much should I be paid for time spent on call? What is the best way to find an Ohio overtime lawyer? Being “on call” is […]
Read More

Top Wage Lawyer Top Reply: Who Is My Employer … The Staffing Agency Or The Job That I Was Placed At?

Overtime Wage Attorney Best Answers: What is joint employment? Who owes me wages and overtime if I work for multiple employers? What employer do I sue if I work for multiple employers? How do if find the best wage lawyer? As evidenced in this article from the USA today, the modern work environment is muddled […]
Read More

Best Sex Discrimination Attorney Answers: Am I An Employee Under Title VII?

Employment Discrimination Attorney Top Answers: Do I have a claim for sexual harassment? If I’m an inmate employed by the prison, can I file a sexual harassment and retaliation claim? How do I find a sexual harassment lawyer? Title VII of the Civil Rights Act of 1964 makes it unlawful “for an employer . . […]
Read More

Top Overtime Lawyer Answer: What If My Job Refuses To Pay Me For All The Hours I Worked?

Best Ohio Overtime Wage Attorney Response: Am I entitled to be paid for every hour that I work for my employer? If I work over 40 hours per week, am I entitled to overtime pay? So what should I do if I know my employer is not paying me less than the minimum wage or […]
Read More

Top Disability Discrimination Lawyer Answer: How Do I Get A Medical Accommodation?

Disability Employment Attorney Best Answer: If I have a diagnosed medical condition like insomnia, does my employer have to make an accommodation for me so I can do my job? Can I be fired for being disabled? How do I find a disability discrimination attorney? Under the Americans with Disabilities Act (“ADA”) an employer cannot […]
Read More

Top Wage Lawyer Response: Should I Be Getting Overtime Pay?

Best Overtime Wage Attorney Answers: Who is entitled to overtime? How should my overtime be calculated? I earn a salary; how do I calculate my overtime rate? How much should my overtime rate be if commissions are part of my income? Under both the Fair Labor Standards Act (“FLSA”) and Ohio overtime laws, employees who […]
Read More

Top Race Discrimination Lawyer Response: What Is Reverse Discrimination?

Best Race Discrimination Attorney Answer: Can I be discriminated against for being White? How do I prove reverse race discrimination? Was I wrongfully terminated based on my race? How do I find a race discrimination law firm? Our employment discrimination lawyers are often asked if the law protects reverse race discrimination. The truth of the […]
Read More

Top Race And Gender Discrimination Lawyer Answer: Am I Being Discriminated Against?

Best Wrongful Termination Attorney Answer: What should I do if I am being harassed at work because of both my race and gender? What is pretext? When should I consult an employment discrimination attorney? How do I find an employment lawyer? As employment law attorneys, sometimes we hear tales of pretty clear cut discrimination based on […]
Read More

Top Employment Lawyer Answer: Can I Be Fired Because My Friend Filed An EEOC Complaint?

Best Wrongful Termination Attorney Answers: Can my boss retaliate against me for something a close friend did? What retaliatory discharge? Can my friends be fired if I report sexual harassment? How do I find an employment lawyer? We have previously posted about associational retaliation claims on this blog. But there is a new case pending […]
Read More
  • 1
  • 2

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.

Read More

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.

Read More

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.

Read More

Jo Sledge

Jo Sledge is an associate attorney at The Spitz Law Firm, LLC. In 2012, Jo graduated from Cornell Law School with a concentration in advocacy. As a law student, Jo combined vigorous study with practical work experience.

Read More

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.

Read More