The common belief amongst employees is that non-compete and/or non-solicitation agreements are disfavored and not enforceable. However, the Courts in Ohio have enforced these restrictive agreements under certain circumstances. Before you assume that your non-compete or non-solicitation agreement is not enforceable, you should read this article and talk to an employment attorney. Continue reading “Are Non-Compete Agreements Enforceable in Ohio?”
Mansell Law is proud to announce Carrie Dyer as the firm’s newest partner. Ms. Dyer has been with the firm since her clerkship while she was earning her J.D. at Capital University Law School, and she became an associate with the firm in 2013.
Am I entitled to medical leave under the Family and Medical Leave Act (FMLA) in Ohio? What are the FMLA Ohio leave eligibility requirements and qualifications?
Do you or a family member suffer from a serious medical condition or do you have an upcoming surgery? If you need medical leave from work, you could be entitled to protected leave that guarantees your job when you return to work. Our Columbus, Ohio FMLA lawyers break down the ins and outs of FMLA eligibility.
Are you a current or former employee thinking about filing a lawsuit against your current or former employer? This article lays out the crucial steps to take before you initiate legal action – from the view point of a Columbus employment attorney. Failing to follow these guidelines could have a negative impact on the success of your potential employment law claim. Prepare for the worst, hope for the best! Continue reading “Six Critical Steps to Take Before Filing an Employment Lawsuit”
If you cannot perform your job due to a disability, and you request to be reassigned to a job you are able to perform as an ADA accommodation, can your employer make you compete for this open position with other job applicants? This likely depends on where you live. Our Columbus, Ohio ADA Disability attorneys provide a full analysis of this issue and the current divide among the U.S. federal courts.
My employer classifies me as an independent contractor when I believe I should be classified as an employee. How do I determine if I am properly classified? Does this matter? Should I be paid overtime? Our wage and hour lawyer breaks it down for you here.
The answer to this question requires an evaluation of multiple factors. Labels are not determinative. Even if your employer informs you that you are an independent contractor, requires you to sign a contract identifying you an independent contractor, or pays you as an independent contractor, these designations—alone—do not conclusively define the nature of the working relationship.
Should I be paid for “On-Call” Time?
Being “on-call” can be annoying and really limit what you are able to do outside of work. So when is your employer required to pay you for time spent on-call? The answer, as with many wage and hour questions is that it depends on the specific circumstances of your situations. Our overtime attorneys in Columbus, Ohio lay out the factors that are considered in making the determination of whether On-Call time is work time for which you should be paid.
Earlier this month (December 3, 2019), the Sixth Circuit Court of Appeals issued a favorable opinion for employee rights under the Americans with Disabilities Act (ADA). In Morrissey v. Laurel Health Care Company, the plaintiff was a licensed practical nurse that was forced to quit her job because her employer would not accommodate her work restrictions, which included a reduced or modified work schedule. The employer had a policy that denied accommodations and work restrictions unless they were due to a work related injury. Our Columbus ADA Disability attorneys provide a full analysis in this article.
What types of accommodations are individuals able to request so that that they can perform their job despite a medical condition? The answer is not as straightforward as you might expect. The Americans with Disabilities Act of 1990, or the ADA, is one of the most complex employment laws. Our Ohio ADA Lawyers walk you through reasonable accommodations under the ADA. Continue reading “What is a “Reasonable Accommodation” Under the ADA?”
So you tell your employer you need time off work because of a medical condition and your employer provides you Family & Medical Leave Act (FMLA) paperwork for your doctor to fill out. Your doctor sends in the paperwork with an estimated return to work date. Are you guaranteed your same job back? Our Ohio FMLA Lawyers provide all the answers on your right to reinstatement after taking protected leave under the FMLA. Continue reading “What Happens to my Job Status if I Take FMLA Leave?”