Employee Rights and Benefits

Protecting Your Career and Future Income

Did you know that one your biggest assets is your present and future income? That particular asset can be jeopardized at any stage of the employment process . . . applying for jobs, negotiating favorable terms when moving from one job or career to another because of promotion, relocation, reassignment, or transfer, dealing with problems that may arise in your current employment situation, or pursuing post-termination claims against a former employer to redress employment practices that are illegal.

You may be facing a potentially devastating, life-altering event if you have been discriminated against in the workplace or wrongfully terminated. If you are in Akron, Ohio, or surrounding areas and need an employment law attorney who can act as your advocate to put you back on the right track, contact the Law Offices of S. David Worhatch today. We can help you understand the rights you have as an employee, and help you protect the valuable asset you have in your employment potential.

The Nature of Employment in Ohio and the United States

Relationships between employers and employees are governed either by a contract or by the legal principle of “at-will” employment. Federal and state laws also exist to protect the rights of employees. If you have your own employment contract (one that is individually negotiated with an employer), or if you are employed by a company subject to a union contract, the employer-employee relationship is governed by the terms of that contract.  Civil service laws protect most employees of government entities. 
 
All other employment relationships are “at-will,” meaning that an employer or employee can end the working relationship at any time, either through resignation on the part of the employee or termination by the employer, and the employer is free to modify the terms or conditions of employment . . . all at any time, with or without cause and with or without notice. 

Know your Legal Rights

Although an employer can terminate an employee based on the quality of his or her work or compatibility, employees are still entitled to certain legal rights.

Whether you are applying for a job, are currently employed, or are being terminated, Title VII is a federal law that prohibits discrimination on the basis of race, color, creed, religion, gender, or national origin.

The Age Discrimination in Employment Act (ADEA) protects workers over the age of 40 from discrimination on the basis of age.  The Americans with Disabilities Act (ADA) confers rights and additional protections on employees with disabilities. 

Employers are bound by the Fair Labor Standards Act (FLSA) to pay minimum wages, premium pay for overtime hours worked, and provide certain other working conditions for their employees.  Male and female employees are entitled to equal pay for equal work under the Equal Pay Act (EPA). In many circumstances, a company must give adequate notice to employees under the WARN Act before closing a plant.

If a claim is made against an employer for violating workplace health and safety standards instituted by the Occupational Safety & Health Administration (OSHA), or for violating laws protecting the public against threats to their health or safety, or for committing criminal acts amounting to felonies, whistleblowers are protected against retaliation by their employers.

When it comes to enforcing these legal rights, Ohio laws and federal statutes and regulations provide for the right of an employee to reinstatement and just compensation and Ohio laws do not limit the amount of compensation an employee can be awarded for pain and suffering, emotional distress, mental anguish, embarrassment, humiliation, inconvenience, or injury to his or her reputation.

Federal laws dictate that if an employer has violated an employment discrimination law, the employee can be reimbursed for any incurred liability for lawyer’s fees.

Getting Your Life on Track and Making Your Dreams Come True

At the Law Offices of S. David Worhatch, we understand how important your job is to your identity and your self-esteem. Whether you need a wrongful discharge (wrongful termination) lawyer, an employee benefits attorney, or any other type of employment law attorney, contact S. David Worhatch and let us help you protect your career, and plan for your future during this transitional phase of your life.

We also help executives and senior-level managers negotiate the terms of their employment and severance packages. S. David Worhatch can also help with succession and estate planning. We understand people need our services when they can least afford it, and we offer flexible payment plans.

Law Offices of S. David Worhatch
Ohio Employment Law Attorney
4920 Darrow Road
Stow, OH  44224
(330) 650-6000 – Akron / Kent
(330) 656-2300 – Cleveland / Cleveland Suburbs
(330) 221-7501 – Ravenna / Eastern Portage County
 (330) 650-2390 – Fax
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The Law Offices of S. David Worhatch in Stow, Ohio, serves clients in Cuyahoga County, Summit County, Portage County, and Geauga County, including the communities of Akron, Cleveland, Kent, Ravenna, Aurora, Bainbridge, Bath, Beachwood, Brimfield, Chagrin Falls, Chesterland, Clinton, Copley, Cuyahoga Falls, Fairlawn, Franklin, Green, Hudson, Hunting Valley, Kirtland, Lyndhurst, Mantua, Mayfield, Medina, Moreland Hills, Munroe Falls, New Franklin, Northfield, Norton, Orange, Pepper Pike, Richfield, Sagamore Hills, Shaker Heights, Silver Lake, Solon, Springfield, Stow, Streetsboro, Tallmadge, Twinsburg, Wadsworth, Waite Hill, and Walton Hills.