Cincinnati Attorneys Protecting Your Rights Against Employer Retaliation
State and federal laws protect the rights of workers. These rules have many goals, such as stopping workplace discrimination and sexual harassment. They also help prevent hazards and provide pay and medical care for workers who suffer an injury or illness on the job.
Our team at The Butler Trial Firm helps workers protect their rights. Our trial lawyers represent clients in many employment law cases, including claims of employer retaliation.
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Frequently Asked Questions About Employer Retaliation
Learning about your rights helps you spot when an employer breaks the law. You can then take steps to protect yourself. Read more below to get answers to frequently asked questions about employment law violations in Ohio.
What is considered employer retaliation in Ohio?
Retaliation happens when your boss takes a negative action because you used your legal rights. This includes filing a complaint about discrimination, asking for a change to help with a disability, filing a workers’ compensation claim or reporting a safety risk. Negative actions can include firing, demoting or cutting your pay. An employer might also harass you or create a hostile work environment. The main factor is why the boss acted. The law looks to see if they acted because of your activity or for a real business reason.
What should I do if I feel I’ve been the subject of employer retaliation in Ohio?
Start taking notes on everything right away. Keep records of what happened, including dates and names of any witnesses. Save every email and performance review. You may want to tell human resources, but keep in mind that HR works for the company. You can file a claim with the Equal Employment Opportunity Commission (EEOC) or the Ohio Bureau of Workers’ Compensation. The most important step is to talk to a lawyer who can look at your case and help you through the process.
What type of evidence do I need to prove I’ve been the subject of employer retaliation?
You must show that you took part in a protected activity and your boss knew what you did. You must also show that your employer took a negative action against you because of it. Proof is vital. Use emails, performance reviews and witness statements to help your case. Look for changes in how the boss treats you, such as a sudden bad review after years of good work.
Can an employer retaliate against me for filing a workers’ compensation claim in Ohio?
No, Ohio law stops employers from punishing you for filing these claims. Your boss cannot fire, demote or harass you for seeking benefits. You have a legal right to help after a work injury or illness.
Can my employer punish me for seeking medical benefits after a workplace injury?
Generally, no. Under Ohio law regarding workers’ compensation retaliation, employers may not discharge, demote, reassign or take punitive action against any employee because they filed, instituted, or pursued a workers’ compensation claim. However, these protections involve strict statutory deadlines. Ohio law requires you to provide written notice to your employer of the claimed violation within 90 days of the adverse action. If you believe your employer targeted you for seeking benefits you are legally entitled to receive, you must consult legal counsel promptly to preserve your rights.
Am I protected if I need to take time off to care for a sick family member?
Yes, in many cases. If you are an eligible employee working for a covered employer, the Family and Medical Leave Act (FMLA) protects your right to take unpaid leave for qualifying family and medical reasons. If your employer retaliates against you for seeking or obtaining protected leave, they may violate federal law. FMLA retaliation is a serious issue; depending on the facts of your case, you may have a legal basis to seek financial compensation or other relief, such as job reinstatement.
What protections do I have if I request an accommodation for a disability?
The Americans with Disabilities Act (ADA) and Ohio Revised Code Chapter 4112 prohibit covered employers from discriminating or retaliating against you for requesting a reasonable accommodation for a disability. If your employer changes your job duties or work environment for the worse because you made such a request, you may be the victim of illegal ADA retaliation.
Can I be fired for reporting sexual harassment or racial discrimination?
No. Under Title VII of the Civil Rights Act and Ohio law, you have a protected right to report discrimination based on race, color, sex, national origin or religion. The law prohibits your employer from retaliating against you because you opposed an unlawful employment practice, filed a formal complaint or participated in an investigation. While every case is fact-specific, the law ensures employees can stand up against a hostile work environment without fearing for their livelihood.
What happens if I report my company for illegal business practices?
In specific circumstances, the law protects employees who “blow the whistle” on employer conduct that violates federal or state laws, such as safety violations or financial fraud. Whistleblower protections protect employees who report such conduct in good faith. Because these protections vary based on the industry and the specific laws violated, we must review your situation to determine your options.
Why Choose The Butler Trial Firm If I Suspect Employer Retaliation?
Facing workplace hostility while attempting to understand your legal rights creates a significant burden. At The Butler Trial Firm, we provide advocacy to protect your interests. We understand the tactics some employers use to silence whistleblowers or penalize injured workers. Our firm combines legal knowledge with personalized service to ensure your voice is heard. We prepare cases to achieve a favorable resolution and send a clear message that illegal workplace behavior violates the law.
Stand Up For Your Rights: Schedule Your Free Consultation Today
If you believe your employer is targeting you for doing the right thing, do not wait for the situation to get worse. At The Butler Trial Firm, we will listen to your story and provide legal clarity. We offer free initial consultations to help you understand your legal options.
Call 513-909-3402 or contact us by email. Our Cincinnati employer retaliation attorneys hold employers accountable.