Defending the Rights of Ohio’s Workers, One Injustice at a Time

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

If you would like additional details on our specific employment discrimination practice areas and how we may be able to assist with your employee discrimination case, please read through the relevant pages below.

Age Discrimination

Just like discrimination based on race/color, religion, gender/sex, national origin, age discrimination is unlawful. Many employees in Ohio (including Cincinnati, Cleveland, Columbus, Dayton, Youngstown and Toledo) wrongly believe that workers are not protected from discrimination at work until they reach 50 years old or even 65 years old. But, in reality, workers who are 40 years of age or older are protected, both under the federal Age Discrimination in Employment Act (“ADEA”) and Ohio age discrimination laws. Although employment discrimination laws work to protect older workers, age discrimination is becoming increasingly common as the number of older Ohio employees in the workforce increases. Naturally, employers are rare to admit that they discriminate based on age, as most are

Read More
Disability Discrimination

With offices in Cleveland, Cincinnati, Columbus, Dayton, Youngstown and Toledo, the Ohio employment lawyers at The Spitz Law Firm are experienced at fighting disability discrimination. To combat discrimination against disabled Americans, Congress enacted the Americans with Disabilities Act (“ADA”). The ADA prohibits workplace harassment and employment discrimination based on disability, as well as employer retaliation against employees who report or complain about discrimination against the disabled. This means that your boss, manager, or supervisor cannot make fun or you, demote you, or wrongfully fire you because you are disabled or perceived to have a disability. Also, Ohio laws, found at R.C. § 4112.02(A), provide similar protections to disabled employees. Many employees do not

Read More
Employment Discrimination

Our employment discrimination lawyers have the experience and strong conviction needed to fight unlawful employment discrimination no matter the size of the unlawfully discriminating employer. Employment discrimination comes in many forms, and our attorneys are here to give you a free and confidential evaluation of your potential employment discrimination claims. Discrimination lawyers, particularly employment discrimination attorneys, often find themselves in the difficult position of having to explain the difference between an employer acting wrong and acting unlawfully. The intricacies of employment discrimination law, unlike as other areas of law, require the guidance of skilled and experienced lawyers to navigate the handling discrimination claims. Not all employment

Read More
Equal Pay Act Claims

Employees have the right not to face discrimination in their compensation based on their race/color, religion, gender/sex, national origin, age, and other protected class status. These rights are protected under several federal laws, including: the Equal Pay Act of 1963, Title VII of the Civil Rights Act of 1964 (“EPA”), Americans with Disabilities Act (“ADA”), and the Age Discrimination in Employment Act (“ADEA”). You may have an equal pay claim if you have found yourself doing internet searches for: I am being paid less because I’m a woman. I am making less money than men doing the same job. My job gives men higher salaries than women in the same position. I am being paid less because I’m Black. I earn less than White workers because I’m African

Read More
Family Medical Leave Act

What happens to your job if you get a sudden illness, become really sick, or find out that you are pregnant? What happens to your job is you are diagnosed with cancer? What if your child becomes ill? Hopefully, your employer has a policy in place that will allow you to miss work in order to care for yourself or your new child. But, maybe the company you work for does not have this type of policy, or even if it does, the number of days that you can take off may be limited. In such a case, the Family and Medical Leave Act (“FMLA”) works to protect your job while you are recovering from a medical condition or tending to the needs of your new child. The FMLA is a federal law that allows qualified employees to take up to 12 weeks of unpaid leave from their jobs in each 12 month

Read More
Gender Discrimination

Although we as a society have made significant strides towards gender equality in the workplace, it would ignorant to believe that gender discrimination has been eradicated. Studies show that women still earn significantly less than their male counterparts, and that women are less likely to be hired, especially in certain fields of work. Unfortunately, the glass ceiling is still there and women face bosses, managers, and supervisors that discrimination and sexually harass them on a daily basis. Our Ohio employment law lawyers deal with gender discrimination every day at our Cincinnati, Cleveland, Columbus, Toledo, Dayton, and Youngstown offices. Title VII of the Civil Rights Act of 1964, and Ohio’s Fair Employment Practice Laws (Ohio R.C. § 4112.01et seq.) make gender discrimination

Read More
LGBTQ Discrimination

The opponents to the rights of lesbian, gay, bisexual, transgender (“LGBT”) employees or lesbian, gay, bisexual, transgender, queer/questioning (“LGBTQ”) employees in the workplace often argue that United States law has not historically made it illegal to discriminate in employment discrimination based on who an employee is dating or otherwise associated with. This is simply not true. Under Title VII of the Civil Rights Act of 1964 and Ohio Revised Code § 4112.01 et seq., your employer cannot discriminate against you as employee because you are dating someone of a different race, or national origin. Under the Americans with Disabilities Act (“ADA”) an employer cannot discriminate against an employee because that employee is associated with a disabled person. So, under federal

Read More
Military Status Discrimination

God bless those that serve and protect our country, whether active, reserve or a veteran of the Army, Navy, Air Force, Marines, or Coast Guard. But, there are employers that act illegally against the military men and women who dutifully serve our country. As horribly unpatriotic as this sounds, this type of discrimination occurs every day in Ohio (including Cincinnati, Cleveland, Columbus, Toledo, Youngstown, and Dayton). But, thankfully, the Uniformed Services Employment and Reemployment Rights Act (“USERRA”) provides that military personnel who qualify must be given their old jobs back upon return from service and it also prohibits discrimination based on an employee’s military service. USERRA offers those who serve our Country several important rights and protections. First,

Read More
National Origin Discrimination

In cities throughout Ohio, the workplace is now more diverse than ever it has ever have been with native-born workers working alongside immigrants employees of vast number of national origins. Unfortunately, since post-9/11 and recent attacks around the world, anti-immigrant atmosphere has become more widespread and prevalent in Cincinnati, Cleveland, Columbus, Toledo, Youngstown, and Dayton, and all cities and towns across Ohio, as well as across the United States. But, under Ohio Revised Code § 4112.02, Title VII of the Civil Rights Act of 1964, and the Civil Rights Act of 1866, it is illegal for any employer to discriminate against an employee because of the employee’s national origin or ethnic background. These employment laws expressly prohibits national origin from adversely

Read More
Non-competition Agreement Disputes

Whether you refer to them as non-competition contract, covenants not to compete, or no-compete agreements, many employers are now making them a condition of getting a job. Because of the current economic environment, many employees sign the non-competition contracts, covenants not to compete, or no-compete agreement just to get a job. Many times the employer includes the noncompetition agreement in a stack of paperwork that employees will sign on the first day of work without realizing that is what was signed. Some employees don’t realize that covenants not to compete have been included in severance agreements in exchange for a cash payment. What are competition or no-compete agreements? A non-competition or no-compete agreement is where agreement your employer will restrict you from

Read More
Pregnancy Discrimination

There are a lot of wonderful emotions surrounding getting the news that you are pregnant. Being pregnant and having a baby should be one of the most wonderful and joyous times in your life. Unfortunately, following this wonderful news some employers and companies can take this wonderful thing and turn it into a source of discrimination, harassment, and even wrongful termination. If you did not get a promotion, had your hours severely cut, denied benefits, or terminated in part because of your pregnancy or pregnancy related conditions, you know the stress that comes with the thought of trying to continue to provide necessary support for your growing family. Thankfully, there are several federal and Ohio laws that protect employees through all phases of pregnancy through child birth. Our

Read More
Race Discrimination

Although we would like to believe otherwise, recent news makes it clear that, racism is still a large problem in our society. If large company CEOs are now admitting to making racist comments and basing employment decisions on race, you can be sure that such conduct is still going on in a large number of smaller businesses, companies, and organization by managers, supervisors, owners, and bosses. A top example of racial harassment, a Court of Appeals in Ayissi-Etoh v. Fannie Mae, et al. dealt with a situation where a Caucasian boss told an African-American to “get out of my office nigger.” The Appeals Court held that a hostile work environment can be created based upon the single use of the “N-word,” a racial epithet that the Court held was “deeply offensive,” and, that “no

Read More
Religious Discrimination

It is illegal for employers to discriminate based on employees’ religion or religious beliefs. Whether you’re an atheist, Jewish, Mormon, Buddhist, Christian, Hindu, Islamic, Protestant, Roman Catholic, or a follower of different religion, you are protected from discrimination based on your religion, religious beliefs, and religious practices. Title VII of the Civil Rights Act of 1964 and the Ohio Unlawful Discriminatory Practice Statute, R.C. § 4112.02, prohibit religious discrimination in employment. According to the United States Equal Employment Opportunity Commission (“EEOC”): “Religious discrimination involves treating a person (an applicant or employee) unfavorably because of his or her religious beliefs.” (See Top Employment Law Attorney: Do Not File With The EEOC

Read More
Retaliation

Employment retaliation laws are meant to protect employees who exercise their rights to complain about unlawful employment discrimination or requests to participate in legally protected activities. Employment retaliation occurs when a boss, manager or supervisor makes people afraid to complain or to assert their rights by taking adverse actions against those employees that have already asserted those rights. Essentially, many employers will take the approach that if one employee is punished, the rest of the employees will not complain or exercise their legal rights for fear of suffering the same adverse action. There are essentially two types of retaliation claims, oppositional and participation-based retaliation. Oppositional Retaliation Let’s start with oppositional

Read More
Sales Commission Dispute

Commissioned sales representatives and brokers make most, if not all, of their living on the commissions earned on the close of sales. Unfortunately, it is also not uncommon for commissioned sales representatives to have their employer company withhold their sales commission, whether intentionally or by misunderstanding of its legal obligations. That is where experienced commissions lawyers can best help resolve the dispute. Commissioned sales representatives often face disputes over their commission after sales are made and their employment ends, either voluntarily or by termination. Our sales commission attorneys are often asked when the commission becomes due. Unfortunately, there is no universal answer, and a commission dispute attorney will need to consider many factors, including

Read More
Sexual Harrassment

“It is a sobering revelation that every woman—every woman—who has spent time in the workforce in the last two decades can tell at least one story about being the object of sexual harassment.” So said conservative Ninth Circuit Court of Appeals Chief Judge Alex Kozinski after being faced with yet another claim of sexual harassment in the workforce. According to a Cornell Law Review, up to 90 percent of women in the United States workforce have been the victims of some form of sexual harassment on the job. More than fifty percent of sexual harassment victims do not report it, let alone seek out the best sexual harassment attorneys that they can find to help them. As experienced attorneys in this area of law, we know that the impact of sexual harassment is clear and undisputable.

Read More
Wage: Minimum Wage

Fair Labor Standards Act (“FLSA”) requires that virtually every employee is paid according to the federally mandated minimum wage, currently set at $7.25 per hour (in Ohio the minimum wages has been raised to $8.10 through State legislation). (See What Is Minimum Wage In Ohio For 2016? - Call The Right Attorney). Paying workers less than minimum wage is wage theft. The vast majority of Ohio employees are entitled to a minimum wage. This means that in Ohio, your employer must pay you, at minimum, $8.10 for every hour that you work. If an employee is not paid per hour, but instead receives some form of weekly or monthly salary, these salaried wages must also average at least $8.10 per hour each week worked. Minimum wage violations also often arise when employers require worker to

Read More
Wage: Overtime

Under the overtime provision of the Fair Labor Standards Act (“FLSA”) and Ohio Fair Labor Standards Act most employees must be paid at a rate of one and one half times their regular rate of pay for any hours worked in excess of 40 hours in any given workweek. Stated another way, if you are a non-exempt employee and you work more than 40 hours in a workweek, you are eligible to receive one and one-half times your regular pay rate for every hour over 40. For example, an hourly employee that receives $10 per hour and work 50 hours in that week is owed $10 for the first 40 hours, and $15 for each hour worked over 40. The biggest misconception that both employers and employees have is that any employee that is paid by salary is not entitled to overtime pay. Wrong! In fact, a large

Read More
Wage: Tipped Employees

For many workers, tips are their primary source of income – waiters, waitresses, servers, bartenders, and valets, for example. You will likely be considered a tipped employee is you customarily and regularly earn more than $30 each month in tips. If you are a tipped employee, your job can pay tipped employees less than minimum wage. However, the Fair Labor Standards Act (“FLSA”) and Ohio wage laws sets out several rules that employers must follow when employing tipped workers. Under the FLSA and Ohio laws, your employer can take a maximum tip credit against minimum wage. While the FLSA provides that an employer can take up to a $5.12 maximum tip credit against the federal minimum wage of $7.25, Ohio law requires employers that have at least $297,000 in gross sales to pay a

Read More
Whistleblower Claims

If you see something illegal happening at work, or if your boss or manager asks you to do something that you know is against the law or creates a danger, you face a dilemma. Of course, you know the right thing for any employee to do is to report the illegality, but you may also fear that doing so may get your fired, demoted, or transferred. Regrettably, this fear is often warranted as employees in all sectors of the workforce have found themselves demoted, fired or otherwise adversely treated because they spoke out against the illegal conduct by their company, manager, supervisor or boss. Fortunately, there are now more laws that protect individuals who report employer misconduct than ever before. OSHA The Occupational Safety and Health Act (OSHA) protects whistleblowers who report

Read More
Workers’ Compensation Retaliation

Being hurt on the job is covered by Ohio Workers’ Compensation laws. Ohio law makers have set up Workers' Compensation as a form of insurance to provide employees that are injured on job with wage replacement and medical benefits regardless of who is at fault for causing the injuries. In exchange getting these benefits, these injured employees give up their right to sue their employer in tort for negligence. As such, these Workers’ Compensation laws protect the employers from getting sued in exchange for the benefits provided the employees. Yet, many workers stay quiet when they are injured at work or on the job because they are afraid of getting fired. While Ohio is an at-will employment state, Ohio Workers’ Compensation laws make it illegal for your company, boss, or manager to

Read More
Wrongful Termination

In Ohio, most employment relationships are considered to “at will” employment, which means that an employer and/or employee may terminate the employment relationship for any reason, no reason, or even a stupid reason. An “at will” termination can be with cause or without cause. In plain language, this means that you can walk into your managers office and quit at any time without notice and your manger can fire you for any reason at any time. But, there are exceptions that make a termination wrongful, including: Protected Class: Employers cannot fire employees based on an employee’s race, gender, national origin, religion, age, military status or disability. Protected Activities: Employees are also protected from employment discrimination based on their choice to

Read More

Why Our Clients Love Us

Most attorneys wouldn’t touch my case or treated me like a second class citizen because I was making minimum wage. I know the important people and the large cases that attorney Spitz has had for clients, but he always treated me like I was his most important client and he got me a lot of money for my case.

- Luther J.

Why Our Clients Love Us

The Spitz Law Firm sued my company and I saw firsthand the quality of work and the result that they obtained, but in a professional and respectful manner. So when my wife had an issue with her employer, I called Brian to represent her. He did not disappoint.

- Richard

Why Our Clients Love Us

I was amazed at how honest attorney Spitz was with me. The free meeting was really free. He took the time and gave me honest options. When they took my case, I did not have to pay him anything upfront like he said he would. Then he got me more than I ever thought possible. I give everyone I know his card. Attorney Spitz is the best.

- Andy

Why Our Clients Love Us

My boss sexually harassed and touched me. I was so hurt and scared. Brian took care of me and gave me my life back by going after him and [my employer].

- Angela G.

Why Our Clients Love Us

These guys are not afraid of anything or anyone.

- Harold W.

Why Our Clients Love Us

Brian explained in a way that I could understand everything that was happening and what would happen. It was like he could see the future and was planning three steps in front of everyone else. It was crazy.

- James Q.

Why Our Clients Love Us

Brian Spitz and the attorneys at The Spitz Law Firm are the most courteous, caring, professional individuals with a WARRIOR’S attitude to fight for the clients and justice.

- Evelyn

Why Our Clients Love Us

The Spitz Law Firm worked meticulously and determinedly regarding my discrimination case against a former employer. I am very satisfied with the conclusion of the case. The attorneys and staff were proficient, considerate and compassionate. I will refer my family and friends to the Spitz Law Firm because I know they will work resolutely to make sure their clients are pleased.

- Monique P.
*Model portrayal of real client

Our Offices

Schedule a free initial consultation at one of our offices or call toll free: (866) 736-2046

Cleveland, Ohio

25200 Chagrin Blvd, Suite 200
Beachwood, Ohio 44122
Phone: (216) 291-4744
Fax: (216) 291-5744
View Map

Cincinnati, Ohio

8044 Montgomery Road, Suite 700
Cincinnati, Ohio 45236
Phone: (513) 818-3688
Fax: (216) 291-5744
View Map

Columbus, Ohio

132 Dorchester Square South, Suite 100
Westerville, Ohio 43081
Phone: (614) 335-4685
Fax: (216) 291-5744
View Map

Toledo, Ohio

1715 Indian Wood Circle, Suite 200
Maumee, Ohio 43537
Phone: (419) 960-5926
Fax: (216) 291-5744
View Map

Youngstown, Ohio

8166 Market Street, Suite M
Boardman, Ohio 44512
Phone: (216) 273-3742
Fax: (216) 291-5744
View Map

Dayton, Ohio

3951 West Franklin Street, Suite 4
Bellbrook, Ohio 45305
Phone: (419) 960-5926
Fax: (216) 291-5744
View Map

Schedule A Free Consultation Now!

  • The use of the internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

Schedule A Free Consultation Now!

  • The use of the internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.