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The Sixth Circuit Court of Appeals (Ohio) recently came down with an interesting decision highlighting a fine-line between a lawful and unlawful termination of an employee complaining of disability discrimination for failure to provide a reasonable accommodation. In...
Many people across the United States are tipped employees or employees who are paid less than the required minimum wage, but are then compensated with tips in order to make up the difference. In addition to state laws protecting and defining, “tipped employees,” the...
Upon termination on an employment relationship, many employees are presented with an opportunity to receive severance packages from their former employers. As employment attorneys, we regularly encounter severance agreements in which the terminated employee has...
All the women in Iowa, flee now. Quit your jobs and move to Cleveland, Ohio to avoid sexual discrimination, harassment and pig bosses. That is what most commentators are saying in response t0o Nelson v. James H. Knight DDS, P.C., where the Iowa Supreme Court,...
I always wondered while criminals keep pushing their luck. You always see these embezzlers get busted because they couldn’t just walk away with $50,000 and kept pushing their luck over and over until they’re finally busted after taking home a couple hundred grand. ...
Can the law protect employees from being terminated if that employees boss or someone else in your office finds you to be “too attractive” or “irresistible”? According to the Iowa Supreme Court, the answer is No. In fact, the Iowa Supreme Court recently held in Nelson...
So your kid has made it to 16 without getting addicted to drugs. He or she avoid alcohol and does hang out with delinquents. The report cards are good and your kid is showing real signs of responsibility by getting a job to pay for gas. All is good. Well, maybe...
To eat that extra piece of pie or not? That is not a regular question for employment attorneys. But, now our employment discrimination lawyers can respond. Have the extra slice of pie and make it ala mode. Your employer cannot discriminate or fire you for being fat...
Aon Corp. settled a class action wage and hour lawsuit for $10.5 million. In the Complaint, the plaintiffs averred that Aon misclassified employees as exempt from overtime and meal and rest break requirements, including employees who held the titles like account...
Donating your time to a retirement home? Candy striping at a hospital? You may be protected from discrimination and retaliation like any other employee. In a recent case in the Northern District of Illinois, the Court faced an interesting question as to whether a...
Many employees choose to file complaints of harassment and/or discrimination with the Equal Employment Opportunity Commission (“EEOC”) after being subjected to illegal employment practices in the workplace. More often than not, and EEOC investigation results in the...
Our employment attorneys are frequently asked if the Americans with Disabilities Act (ADA) covers individuals with a drug addiction. An employee currently using illegal drugs is not covered by the ADA. But, if the employee has kicked the habit or the company only...
For employment lawyers, it is no secret that the Supreme Court loves alternative methods to dispute resolution, such as arbitration. In the recently handed-down, five-page opinion, in Nitro-Lift Technologies, LLC v. Howard, the Supreme Court affirmed its preference...
Let’s start our scenario with the fact that the employee has been fired – it does not matter if it is based on race discrimination, gender discrimination, national origin discrimination, religious discrimination, disability discrimination, or retaliation for taking...
Bargain retailer Big Lots Stores Inc., a Columbus, Ohio-based retailer, recently to pay $155,000 to settle a sexual harassment lawsuit based on facts that our employment discrimination lawyers typically see. As alleged in the lawsuit, the store manager repeatedly...
An action for age discrimination regarding employment can be maintained under three different statutes within the Ohio Civil Right Act, codified as R.C. § 4112.01 et seq. Before bringing a claim for age discrimination, however, it is important to note that the three...