Employment Law

Most employees, when treated unfairly, often consider filing a lawsuit to seek justice.  What many do not realize is that they cannot file a lawsuit because they signed an arbitration or mediation agreement when they started their jobs.

This seems unfair, right?  Most employees sign these agreements without any understanding of what they mean.  They’re often included in the stack of paperwork that gets signed when starting a new position. Most people are surprised to learn that in most cases, they are perfectly legal.

Both arbitration and mediation are forms of something called “alternative dispute resolution,” meaning, your dispute is settled in a less formal setting, outside of the courtroom.  Some employers promote these agreements by telling you that if you sign the arbitration or mediation agreement, you do not have to go in front of a judge to resolve your dispute.  While this may sound appealing, it carries heavy legal consequences, such as no opportunity for a jury trial.  Unlike a public courtroom, these sessions are confidential, which often protects the employer from negative media about your case.

If you are presented with workplace paperwork to sign, we recommend contacting an experienced employment attorney before signing. If you have already signed the paperwork, the remedies available to you depend on the facts of your case and the documents you may have signed. The attorneys at O’Hara Taylor Sloan Cassidy Beck PLLC are well-versed in all methods of dispute resolution. Contact our office by phone or e-mail to schedule your initial consultation and learn more about how our attorneys can help.

Have you faced retaliation because you reported discrimination? Have you been denied a position or a promotion due to your age or because you are pregnant?  Are you the victim of wrongful termination because of your gender, race, age, disability, or religion? Are you treated differently because you don’t conform to traditional gender norms?

Many discrimination cases occur when an employer takes action against a worker and the employee has reason to suspect that his or her employer may have been motivated by gender, age, race, religion, or sex. The actions taken to resolve the dispute vary based on your desired outcome and your individual circumstances. In some situations, we may be able to resolve the problem through negotiation with your employer. In a discriminatory discharge case, we may be able to achieve reinstatement if you want your old job back. In many cases, however, the best options will be to negotiate a severance package or file a lawsuit for damages if you have evidence to prove discrimination based on race, color, religion, sex, gender, national origin, disability, or age.

Our attorneys will review the details of your situation with you and give you informed recommendations to protect your rights. Our firm has a proven record of experience navigating the complicated area of state and federal discrimination. As with any claim, you may have a limited time to pursue your claim, so it is important you meet with an attorney who is experienced in the area of labor and employment law as soon as possible.

O’Hara Taylor Sloan Cassidy Beck PLLC has a lengthy and successful history of representing employees who have been the victims of unlawful discrimination, retaliation, and harassment. Contact our office by phone or e-mail to schedule your initial consultation and learn more about how our attorneys can help.

How many times have you signed a document, stating you read and understand the employee handbook when in reality, you barely skimmed it? Do you have a boss who enforces the handbook rules for some, but not others?

For an employee, the importance of reading, following, and keeping your employee handbooks and manuals cannot be stressed enough.  Complying with your company's policies and procedures could be the difference in whether or not you have a viable employment law claim.  Employers almost always use the policies outlined in their handbooks and manuals in defending against lawsuits.

If you think that your co-worker, boss, or employer has violated your rights under your employee handbook or manual, our attorneys can discuss the situation with you and advise whether you have a present or anticipated claim.

O’Hara Taylor Sloan Cassidy Beck PLLC has reviewed company handbooks and policies for decades, and we are prepared to put our knowledge and experience to work for you. Contact our office by phone or e-mail to schedule your initial consultation and learn more about how our attorneys can help.

When you start a new job or leave a position, there is often a mountain of paperwork placed before you, asking for your signature in dozens of places.  Many people sign documents without giving a second look at what rights they may be waiving.  Typical among these documents are employment contracts, non-competition agreements, and non-solicitation agreements. Each of these documents has a specific legal purpose, and our attorneys have the knowledge and experience to make sure you understand, in plain English, what purpose the document serves.

Employment Contracts. When you started your job, did you sign an employment contract?  Although these contracts may appear to contain all the terms you wanted in negotiating your new position, it might look different to an experienced employment attorney.

Non-competition Agreement. Is your employer asking you to sign a non-compete?  Were you told you cannot accept a job because you signed a non-competition agreement?  The terms of these agreements can be tricky. Our attorneys have experience reviewing and negotiating these agreements to meet your needs.

Non-solicitation Agreement. Do you want to switch jobs, but were told you cannot bring your loyal clients with you?  There are some professions which require a book of business, and when you work in a specific field, new clients may be few and far between.  We have experience fighting for your right to keep your hard-earned clients.

Whether you are trying to enforce or escape the terms of your agreement with your employer, the attorneys at O’Hara Taylor Sloan Cassidy Beck PLLC can help. Serving both employees and employers since 1963, our experienced team can help you determine what options you have and what remedies you may seek. Contact our office by phone or e-mail to schedule your initial consultation and learn more about how our attorneys can help.

The first step to preserving your rights under several state and federal laws, including discrimination claims based upon race, gender, ethnicity, religion, and age, is to comply with the administrative procedures of the Equal Employment Opportunity Commission (EEOC). The EEOC is a federal administrative agency that investigates certain types of legal complaints.  Depending on the type of claim you have, you may be forced to file a charge with the EEOC before you are permitted to file suit in court.  There are strict deadlines on when a charge must be filed, so it is important that you consult with an attorney as soon as you learn that you may have a legal case.

Regardless of what conclusions are made by the EEOC, if you decide to subsequently file a lawsuit in court, you again must comply with strict deadlines.  If you do not file suit within those deadlines, it is very likely that your claim will be completely barred.

It is important that you consult with a knowledgeable attorney about these requirements so that you don’t let time run out on your potential claims. The law firm of O’Hara Taylor Sloan Cassidy Beck PLLC deals with the EEOC on a regular basis.  Our experienced attorneys will guide you through this process and advise you of your options, whether that be maintaining your case before the administrative agency or filing a lawsuit in court. Contact our office by phone or e-mail to schedule your initial consultation and learn more about how our attorneys can help.

Wage disparities plague female workers at all levels in the workplace, from the executive board to hourly employees. At O’Hara Taylor Sloan Cassidy Beck PLLC, we fight for equal pay for equal work, not only because it's the right thing to do, but because it is the law.

If you believe you aren't being fairly compensated in comparison to your male co-workers, contact us immediately, as there are strict time limitations on these claims. Our experienced attorneys understand the complexities of the Equal Pay Act, and we will fight to ensure you do not spend another day making less than what you deserve. Contact our office by phone or e-mail to schedule your initial consultation and learn more about how our attorneys can help.

re you a salaried employee, who should be paid hourly? Are you not being paid overtime? Do you think your employer is intentionally paying you a salary to get more work out of you, at less of an expense to them? Is your employer paying you less than the minimum wage? Are you not being paid for breaks?

These are the chief complaints of our clients whose rights have been violated under the FLSA.  The Fair Labor Standards Act (FLSA) is a federal law that regulates minimum wage, overtime pay, child labor, and record-keeping requirements.  What impact the FLSA has on you depends upon many factors, including your employer, your job, how you are paid, and your age.  The FLSA has different procedural requirements and exceptions for different professions.  While the law is complex, the attorneys at O’Hara Taylor Sloan Cassidy Beck PLLC have decades of experience in FLSA litigation. If you believe that your employer is violating your rights under the FLSA, contact the attorneys at O’Hara Taylor Sloan Cassidy Beck PLLC to learn what remedies you may have. Call or email us to schedule your free initial consultation.

The Family Medical Leave Act (FMLA) is a federal provision that enables certain people to take several weeks of unpaid leave from work while providing them health insurance coverage and still protecting their job.  Although typically associated with women who are taking time off of work after giving birth, the FMLA is more expansive than that.

Acceptable reasons for taking such leave and obtaining 12 workweeks of unpaid, job-protected leave in a 12-month period include:

• caring for a newborn child or adopting a child;

• caring for a spouse, parent, or child with a serious health condition;

• suffering from a serious health condition that prevents the employee from performing the essential functions of the job; and

• certain circumstances surrounding a spouse, parent, or child on covered active duty in the military.

However, not all employers are obligated by the FMLA, as there are certain requirements that your employer must meet before you are entitled to FMLA leave.  O’Hara Taylor Sloan Cassidy Beck PLLC has been standing up for the rights of employees since 1963.  If you believe that your employer has violated your rights under the Family Medical Leave Act, call or e-mail us today.

Were you harmed, harassed, or abused by another company’s employee? Do you think the employer should have known, based on that employee’s past actions, that he or she would cause harm?

Even though it was the employee who acted wrongfully, their employer may be responsible to you based on its negligence in hiring, supervising, or training its employee properly.  Employers must act reasonably in managing their employees, and if you have been harmed due to a failure on their part, we may be able to help.  O’Hara Taylor Sloan Cassidy Beck PLLC has a wealth of experience in cases involving negligent hiring, retention, supervision, and training.  Contact our office by phone or e-mail to schedule your initial consultation and learn more about how our attorneys can help.

Often individuals receive a severance package and they either don’t know whether it is fair, what the confusing legal jargon means, or whether they have any other options. They feel compelled to sign immediately out of fear or even intimidation. The attorneys at O’Hara Taylor Sloan Cassidy Beck PLLC can provide you with the assistance needed to negotiate the best deal for you. Our attorneys can help you to understand exactly what you are giving up by accepting the severance package and what other options you may have.

The employment attorneys at O’Hara Taylor Sloan Cassidy Beck PLLC have years of experience reviewing and explaining severance agreements.  We take the time to familiarize ourselves with your previous job and discover any possible claims you may still be able to bring against your employer.  It is our goal to make sure you have a full and clear understanding of every word in a lengthy and confusing agreement.  Upon review, we will discuss any potential claims and advise as to your next best options: whether to negotiate the agreement, accept, or decline and pursue legal action.

Although a severance agreement gives you instant monetary gratification, our attorneys urge that you contact us to review your agreement before you sign.  We may be able to uncover unknown claims against your employer or negotiate a higher severance on your behalf. Contact our office by phone or e-mail to schedule your initial consultation and learn more about how our attorneys can help.

Have you been physically or verbally sexually harassed?  Have you been written up for your complaints, denied a promotion, fired, or told you simply have to deal with it?  You do not have to suffer in silence. Regardless of whether you are male or female, if you are being subjected to a work environment that is pervasive with discrimination or harassment, we may be able to help.

Both state and federal laws protect your right to work without enduring severely inappropriate and unwanted touching, comments, or other communications.  Know your rights, and discuss your situation with the attorneys at O’Hara Taylor Sloan Cassidy Beck PLLC if you feel that you have been a victim of unlawful harassment. Contact our office by phone or e-mail to schedule your initial consultation and learn more about how our attorneys can help.

Losing your job is often a difficult and emotional experience, and we are here to help you through it.  If you have lost your job, it is likely in your best interest to apply for unemployment benefits.  Not only will the supplemental income assist in sustaining you during a period of unemployment, but it may protect your claims to lost wages down the road if you wind up bringing a lawsuit.

Whether you are likely to be awarded unemployment benefits depends greatly upon if you were fired or if you quit your position. If you quit your job, it may be difficult to recover unemployment benefits.  So, if you are contemplating on leaving your employer, it is advisable to talk to an employer beforehand to determine what you may be entitled to in advance.

If you have been fired by your employer, a major consideration will be the cause for your termination.  Were you fired for violating a company policy?  Has that company policy been uniformly applied?  Or did you lose your job because you and your manager were just not on good terms?  These questions matter when determining whether you will be granted unemployment benefits.

Have you already applied for unemployment benefits and been denied?  The fight does not have to end there.  You have the right to appeal that denial, and you have the right to be represented by an attorney at the appeal hearing.

Be mindful that there are very strict deadlines when it comes to filing an appeal and issuing subpoenas, and those deadlines often occur within a very short timeframe, usually a matter of days. Even though termination is a difficult and emotional time, it is crucial that you consult with an attorney early in the process if you desire representation.

The attorneys at O’Hara Taylor Sloan Cassidy Beck PLLC can help.  Our experienced and dedicated team of attorneys have been through this process before, and we can help you navigate the complicated requirements surrounding these hearings.  Contact our office by phone or e-mail to schedule your initial consultation and learn more about how our attorneys can help.

If your employer is failing to pay you according to state and federal wage and hour laws, you have recourse. These laws set the minimum wage, as well as overtime pay requirements.  There are also protections in place that establish employer obligations regarding lunch and break requirements.  These laws are designed to protect employees.

What rights you have depends largely on what type of job you hold, how many hours you work, and how old you are.  Although you can file your own wage and hour complaint in both Kentucky and Ohio, it may be in your best interest to consult with an attorney who can guide you through the process.

Do not let your employer take advantage of your hard work and dedication any longer. O’Hara Taylor Sloan Cassidy Beck PLLC understands that you work hard every day, and you deserve to have your rights protected. Contact our office by phone or e-mail to schedule your initial consultation and learn more about how our attorneys can help.

Have you been fired for “blowing the whistle” and reporting violations at work, such as the violation of safety standards, fraud, environmental regulations, or financial obligations?  You have the right to fearlessly participate in safety trainings, to file a claim if you were injured at work, or to report a violation of state or federal laws.

Whistleblower provisions protect you from termination, demotion, failure to promote, reduced pay, write-ups, denial of benefits, threats, or any other act by your employer that may put your job in jeopardy.  Your employer should not be able to fire you because you blew the whistle.

If you believe that you have been retaliated against for reporting violations at work, you may want to contact an employment law attorney to learn what rights you have.  The attorneys at O’Hara Taylor Sloan Cassidy Beck PLLC are here to help.  Serving the community since 1963, our experienced team of attorneys is dedicated to serving you. Contact our office by phone or e-mail to schedule your initial consultation and learn more about how our attorneys can help.

Workplace injuries are frustrating, not only because you have been injured, but because medical bills and rehabilitation become looming worries.  If you have suffered an injury during the course of your work, you may have a claim for workers' compensation.

We understand that workers’ compensation can be a confusing process.  The attorneys at O’Hara Taylor Sloan Cassidy Beck PLLC have the answers to your questions about the process, including medical bills, short and long-term disability, and fear of retaliation or job loss.

Sometimes, your injury claim is worth far more than what your employer is willing to pay in workers’ compensation benefits.  It is important that you consult with an attorney before you sign any medical waivers, releases, or settlement agreements. Contact our office by phone or e-mail to schedule your initial consultation and learn more about how our attorneys can help.

Retaliation is a technique used by employers to punish employees for exercising their legally protected rights or standing up for the rights of others. Retaliation can come from your supervisor, boss, HR, or members of corporate leadership. To have a valid retaliation claim against your employer, you must first suffer an adverse job action, which could include, among other things, being fired, being demoted, being denied a promotion, being written-up, or other conduct by the company that threatens your job status.

These adverse actions commonly occur soon after an employee files an internal complaint against his or her employer, receives workers’ compensation, or takes FMLA leave.  Many employees fear making any complaints out of the fear that their job will be at risk.  No one should go to work every day, afraid to speak up for fear that they will lose their job.  It is your legally protected right to raise complaints that you truly believe are against the law or internal workplace policies.

If you think you are the victim of retaliation or you fear that you may be retaliated against in the future, it is important to consult with an attorney to learn how to protect your rights.  The experienced attorneys of O’Hara Taylor Sloan Cassidy Beck PLLC can help.  Our dedicated team can advise you on how to proceed in your future dealings with your employer, or on any currently actionable claims you may have, whether that be maintaining your employment, documenting the retaliation as it occurs, or filing a lawsuit. Contact our office by phone or e-mail to schedule your initial consultation and learn more about how our attorneys can help.

If you have been fired or felt like you had no other option than to quit your job, you may have a claim for wrongful termination.  The attorneys at O’Hara Taylor Sloan Cassidy Beck PLLC will help you seek justice if the actual reason for your termination violates the law.

Many employees in the tri-state area are at-will employees, which, in the simplest terms, generally means that an employee can quit for any reason and an employer can fire the employee for any reason, as long as that reason does not violate any laws. If you are an employee-at-will, it is still unlawful for your employer to fire you if you are standing up for your rights or your employer has discriminated against you.  Illegal terminations are often covered up by telling employees they have been terminated as part of a “RIF” or “Reduction in Force,” your employer suddenly becomes hypervigilant to your work, or you are terminated without any corrective discipline.  Our attorneys have years of experience holding employers accountable by uncovering the true reasons behind many terminations.

Some employees are bound by a contract, which generally protects you from being terminated at-will. Our experienced attorneys are capable of helping you interpret any documents you may have questions about, and we can guide you through the process of how to protect your rights, whether you have already been terminated or whether you are afraid that your job is on the line.

If you think you have been fired or will soon be fired illegally, we advise that you contact an experienced employment law attorney. It is important that you consult with a knowledgeable attorney as quickly as you can because there are time limits on how long you have to file a claim.  Contact our office by phone or e-mail to schedule your initial consultation and learn more about how our attorneys can help.