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The Americans with Disabilities Act (“ADA”) protects employees with disabilities from discrimination by the employer, and requires the employer to grant reasonable accommodations. Employers have the right under the ADA to get medical documentation to confirm the...
Have you ever worked as a server or waiter in a restaurant? If you have, chances are you were paid a small hourly wage by your employer plus tips that you made throughout your work day. Chances are that during your employment, on at least one occasion, you were a...
As the attorneys at Spitz, The Employee’s Law Firm know, a discharged employee must notify his or her former employer within 90 days of his or her termination of his or her intent to bring a claim for retaliatory discharge under Ohio’s Worker’s Compensation Act. In a...
Ohio (R.C. § 4112.99) and federal law (Title VII of the Civil Rights Act of 1964) prohibits an employer from retaliating against any employee that has opposed unlawful discrimination based on race, gender, national origin and other protected classes. Thus, male...
Since President Bush signed the Americans with Disabilities Act Amendments Act of 2008 (ADAA) on September 25, 2008, the definition of “disability” greatly expanded beyond that previously allowed under the Americans with Disabilities Act (“ADA”). The ADAA made...
Our wage and hour attorneys have seen it many times before. We send a letter of representation and notice of wage and hour or overtime claims to an employer, who directly responds by saying, “We had a deal. [Name of the employee] knew what he/she was going to be...
Our employment law attorneys have been warning employees of the dangers of posting work-related and especially potential lawsuit-related information on Facebook for quite some time, and our continued warnings should go without saying for most people. We, however, have...
The employment attorneys of Spitz, The Employee’s Law Firm often find that employees are harassed by their employers in a multitude of ways, some illegal and others simply unfair. Indeed, some forms of harassment against employees are more bizarre and out of the...
One of our employment law attorneys was recently asked this question. Under the Family Medical Leave Act (“FMLA”), the answer is typically yes. If an employer lets other employees schedule time off in one hour increments to come in late or leave early, then the...
So who among us has talked to G-d … and actually gotten a verbal response? Depending on your faith, there’s Moses, Abraham, Isaac, David, Joshua, Jacob, and some others on the list that I’m probably forgetting. However, I’m pretty certain that Peggy Scruggs, a dietary...
Our employment sexual harassment attorneys often monitor various case verdicts so that we know what cases are worth. While we know how much our cases settle for, they are mostly covered by confidentiality provisions – which prevent us from using them in these blogs....
Catering to the request of a customer is not a defense to a racial discrimination claim. A recent case out of the U.S. Court of Appeals for the Seventh Circuit nicely illustrates this rule of law. In Chaney v. Plainfield Healthcare Center, the defendant, Plainfield...
Let me start of by saying that I think highly of many employment defense attorneys. (Heck, I used to be one in a former life.) Many are honest. Many have their clients’ best interest at heart. However, the reality is that defense attorneys are slaves to the billable...
As an employment discrimination attorney, it is easy to simply say that Title VII of the Civil Rights Act of 1964 and the Ohio Unlawful Discriminatory Practice Statute, R.C. § 4112.99, prohibit religious discrimination in employment. Obviously, you can’t fire someone...
Most individuals do not need to speak with an employment attorney to know that, under the Family Medical Leave Act (“FMLA”), qualifying employees can take up to twelve weeks of unpaid medical leave during a one year period to treat a serious medical condition...
As our employment discrimination attorneys often see happen, an employer decides that it wants to retaliate against an employee or discriminate against an employee for some illegal, unlawful or other nefarious purpose. But, the employer realizes that such conduct...