Cincinnati Employment Lawyers Defending Worker’s Rights
The Butler Trial Firm is an Ohio-based litigation firm with an emphasis on employment law. We have been advocates for working people for decades.
For most people, a job is a source of livelihood, security and purpose. When you face legal trouble in the workplace, it can affect your entire life. Working with an attorney can help you determine your options to protect your rights and improve your situation.
Cincinnati Employment Law And Worker Rights Representation
The The Butler Trial Firm represents employees across Cincinnati, Hamilton County and southwestern Ohio, including Butler, Clermont and Warren counties, who have faced illegal workplace treatment. Although Ohio is an “at-will” employment state, employers cannot legally fire, demote or harass workers based on protected characteristics such as race, sex, age, disability or religion under Ohio Revised Code Chapter 4112 or federal law including Title VII, Americans with Disabilities Act and Age Discrimination in Employment Act. Our trial attorneys handle wrongful termination, workplace retaliation, FMLA denial, wage and overtime violations and noncompete disputes in the Hamilton County Court of Common Pleas and the U.S. District Court for the Southern District of Ohio.
We take pride in helping employees that are treated unfairly at work. Our team of employment attorneys can represent you in various issues, such as:
- The Family and Medical Leave Act (FMLA) violations: Federal law protects eligible workers who need time off for serious health conditions, to care for family members or to bond with a new child. Covered employers must allow up to 12 weeks of unpaid leave per year and return employees to the same or a comparable position when they come back to work. Employers cannot punish or terminate workers for using their FMLA rights.
- Wrongful termination and at-will employment exceptions: While Ohio employers can terminate employees without cause, they cannot terminate employees for illegal reasons including discrimination, retaliation for exercising legal rights such as filing workers’ compensation claims or taking FMLA leave, refusing to break the law or violations of Ohio public policy.
- Employment discrimination (OCRC and EEOC claims): We handle claims under Ohio Revised Code Chapter 4112 and federal statutes covering race, gender, pregnancy, age (40+), disability and religious discrimination. Our attorneys represent clients before the Ohio Civil Rights Commission and the Equal Employment Opportunity Commission Cincinnati Area Office.
- Retaliation and whistleblower protection: Ohio and federal law protect employees who report illegal workplace activity, file OSHA complaints or request statutory FMLA leave. We fight for workers who face adverse employment actions after exercising their legal rights.
- Wage and hour/overtime claims: We address misclassification issues (exempt vs. non-exempt employees) and unpaid overtime under the Fair Labor Standards Act (FLSA) and Ohio Minimum Fair Wage Standards Statute. Many workers do not realize they qualify for overtime pay based on their actual job duties rather than their job title.
- Workplace harassment, including sexual harassment: We represent employees who experience hostile work environments, unwelcome sexual advances, offensive comments or other forms of harassment based on protected characteristics. Ohio and federal law prohibit workplace harassment that creates an intimidating or abusive work environment.
- Severance and noncompete contract review: We guide executives and workers through noncompetition covenants and severance releases to protect their future employment opportunities and ensure fair compensation.
- Public and government employee representation: We represent public sector workers including state employees, municipal workers and government contractors facing discrimination, retaliation or wrongful termination under Ohio public employment law.
Call our firm at 513-909-3402 or contact us online to schedule a free consultation and learn more about our services and how we can help.
Frequently Asked Questions On Employment Law
Employment laws in Ohio provide crucial protections for workers regarding retaliation, family leave and fair wages. Understanding these rights can help employees recognize violations and take appropriate action. Below are answers to common questions about workplace protections in Ohio.
What are the exceptions to at-will employment in Ohio?
In Ohio, an employer cannot fire an at-will employee if the termination violates anti-discrimination laws under Ohio Revised Code Chapter 4112, retaliates against the worker for exercising a legal right such as filing a workers’ compensation claim or taking FMLA leave, breaches an express or implied employment contract or violates established Ohio public policy. These exceptions provide important protections even though Ohio generally allows employers to terminate employees without cause.
Should I file a complaint with the EEOC or the Ohio Civil Rights Commission (OCRC)?
In Ohio, you can cross-file claims with both agencies. The OCRC enforces Ohio Revised Code Chapter 4112, which applies to employers with four or more employees, while the EEOC enforces federal laws that apply to employers with 15 or more employees. An employment attorney can determine which forum offers the most strategic advantage and ensure you meet strict filing deadlines.
How long do I have to file a workplace discrimination lawsuit in Ohio?
Under Ohio law following legislative updates to Ohio Revised Code Section 4112.052, employees generally have two years from the date of the adverse action to file a civil lawsuit for employment discrimination. However, administrative charges with the OCRC or EEOC must typically be filed within two years or 300 days depending on the specific statute. Consulting an attorney immediately helps preserve your rights and ensures you do not miss critical deadlines.
What types of actions by an employer constitute retaliation?
Retaliation occurs when an employer takes adverse action against an employee for engaging in a legally protected activity, such as reporting discrimination, filing a wage complaint or requesting medical leave.
Retaliatory actions can include terminating or demoting employees, reducing their hours, taking unfair disciplinary actions against them and creating hostile work environments. Under federal and Ohio laws, employees who face retaliation may have legal recourse.
How does the FMLA protect workers?
The Family and Medical Leave Act (FMLA) allows eligible employees to take up to 12 weeks of unpaid, job-protected leave per year for specific family and medical reasons.
This includes dealing with personal health conditions, caring for a family member or bonding with a new child. An employer covered under the FMLA must reinstate the employee to their previous or equivalent position upon their return and cannot retaliate against them for taking leave.
When is a worker entitled to overtime pay in Ohio?
Ohio employees classified as nonexempt under the Fair Labor Standards Act (FLSA) are entitled to overtime pay if they work more than 40 hours in a workweek.
Overtime pay must be at least 1.5 times the employee’s regular hourly rate. Certain exemptions apply to specific professions, including executive, administrative and professional roles that meet salary and duty requirements.
What does exempt versus nonexempt mean for Ohio workers?
Exempt employees are not entitled to overtime pay under the FLSA because they meet specific job duties and salary requirements and earn a set salary regardless of hours worked.
On the other hand, nonexempt employees must be paid hourly and are eligible for overtime pay when working beyond 40 hours per week. The classification depends on job duties rather than job titles, making proper classification essential for helping ensure fair wages.
Decorated Lawyers, Real Results
Our team of employment lawyers believes workers deserve to have their voices heard and their rights protected. Our dedication has earned us favorable results in state and federal courts as well as recognition from our peers.
Attorney Brian Butler was selected to the Ohio Rising Stars list from 2015 to 2022 for employment law.
Contact Our Cincinnati Law Office To Schedule A Free Consultation
If you feel your worker’s rights were violated in any way, it’s wise to speak with an employment lawyer. Our firm can help you pursue justice and when possible, preserve your job.
To schedule a free consultation, you can call our office at 513-909-3402. You can also fill out a contact form and a member of our team will contact you about your request.
Contact Our Cincinnati Law Office To Schedule A Free Consultation
If you feel your worker’s rights were violated in any way, it’s wise to speak with an employment lawyer. Our firm can help you pursue justice and when possible, preserve your job.
To schedule a free consultation, you can call our office at 513-909-3402. You can also fill out a contact form and a member of our team will contact you about your request.