Best Employment Lawyers in Dayton, OH

FAQs

• What is the non-emergency contact number for the local police station in Dayton, Ohio?

  For non-emergencies, please call the Dayton Police Department at 937-333-2677.

• Where can I get a copy of police reports for incidents related to my case in Dayton, Ohio?

  If you need a copy of the police report related to your incident in Dayton, you may visit the website of the Dayton Police Department at www.daytonohio.gov. Under the "I Want To Report a Crime" tab, click the "Look Up Incident Reports" button. If you require any assistance, you can contact the Records Department at (937) 333-1060.

• Can a manager or supervisor in Dayton be held personally liable for employment discrimination under Title VII?

  No, a manager or supervisor in Dayton cannot be held personally liable for employment discrimination under Title VII of the Civil Rights Act of 1964. Federal appeals courts have interpreted Title VII to hold only employers liable for the discriminatory or retaliatory actions of their agents, including managers and supervisors. Title VII prohibits employment discrimination based on various factors, such as gender, race, religion, and national origin. However, personal liability for managers and supervisors is not applicable under this law.

• What is the difference between an independent contractor and an employee in Dayton?

  In Dayton, an individual is regarded as an employee if they agree with their employer to provide a service unless they can establish independence from the employer's direction and control over their work. An independent contractor operates a personal business, manages their time, and typically handles multiple clients. The necessary test in deciding whether someone is an employee or an independent contractor is the employer's degree of control over the worker's job duties.

• What options do Dayton employees have if their employer does not pay them their rightful wages?

  Employees in Dayton who have not been paid the proper wages have the option to file claims against their employers. These claims may encompass minimum wage, overtime pay, and tip disputes. Employers are obligated to pay employees accordingly as per federal and state laws. Those who fail to follow rules regarding employee wages may face legal consequences.

• What law in Dayton prohibits employers from discriminating against any employee?

  The law that makes it illegal for employers in Dayton to discriminate against any employee or applicant for employment is the Ohio Fair Employment Practices Act, which can be found in the Ohio Revised Code starting at section 4112.01. This law specifically prohibits discrimination on the basis of certain protected characteristics, such as race, color, religion, sex, age, disability, and military status.

• What should an employee in Dayton do if they are unsure about their eligibility for overtime pay?

  If a worker in Dayton is uncertain about their entitlement to overtime pay, seeking advice from an employment lawyer is crucial. The criteria for exempt status can be intricate, and even salaried workers may be eligible for overtime pay under specific circumstances. Mistakes are common among employers, making it necessary to verify a worker's eligibility for overtime pay. Consulting an employment lawyer helps ensure that employees' rights are protected and that they are compensated fairly for their work hours.

• What does an employment attorney do?

  Employment attorneys represent workers, companies, unions, and advocacy groups. Their primary job is preventing and resolving disputes related to state and federal employment regulations as well as civil rights. They assist with the development of policies, including laws and employee handbooks, and they represent clients in court and during administrative hearings overseen by the U.S. Equal Employment Opportunity Commission and state-level labor agencies.

• How much should I ask for in a discrimination lawsuit?

  Employment-related claims are among the most complex and time-consuming lawsuits heard in the civil court system. Before workers can file a lawsuit, they must file a claim with the U.S. Equal Employment Opportunity Commission. Every year, the EEOC recovers $505 million for victims of workplace discrimination. When cases proceed to court, the average settlement is approximately $40,000. However, roughly 10% of claimants receive at least $1 million.

• How do I prove discrimination in the workplace?

  Discrimination lawsuits are typically based on an established pattern of behavior in the workplace. Employment attorneys who handle these claims generally advise clients to gather evidence and document all instances of discrimination, harassment, or abuse, as they occur. The following documents are often vital for proving workplace discrimination:

  • Personnel files
  • Payroll records
  • Employee handbooks
  • Diary or journal entries
  • Medical or mental health records
  • Reports from witnesses
  • Photos or video footage
  • Physical evidence

  
  

• Can I sue my company for a hostile work environment?

  Yes, offensive or unwelcome conduct that creates a hostile work environment and affects your terms of employment may give you reason to take legal action. However, rude or abusive behavior on its own isn’t illegal. It must also be tied to other legal issues, such as retaliation for reporting harassment or discrimination directed at members of a protected group.

• What is the EEOC?

  The EEOC is the U.S. Equal Employment Opportunity Commission. It's a federal agency tasked with helping to enforce laws concerning discrimination in the workplace. Not all employers are covered under the EEOC. Typically, you have to work for an organization with at least 15 employees or for a labor union or agency to be covered by EEOC protections.

• How do I report an abusive boss?

  If you believe you're being discriminated against, you have several options. First, follow internal reporting procedures with human resources or other leadership. You can also file a charge of discrimination with the EEOC. Talking to an employment attorney can help you understand your options and protect your interests.

• What laws protect employees from job discrimination?

  • The Civil Rights Act of 1964 provides employees with protection against discrimination based on a wide variety of factors, including national origin, sex, religion, race, and color.
  • The Age Discrimination Act of 1967 applies age to the protected class.
  • The Equal Pay Act of 1963 forbids sex-based compensation discrimination.
  • The Rehabilitation Act of 1973 makes it illegal to discriminate on the grounds of disability in terms of employment decisions.
  • The Civil Rights Act of 1991 adds more protection and power to the federal government to enforce some of these laws.

• How do I file a wrongful termination claim?

  You can file a wrongful termination claim with the EEOC online, via mail, or in person at various EEOC branch offices. You may be able to file a complaint with a state agency. To determine an appropriate plan of action and which organizations you can file with, speak to an employment lawyer.

• What is unfair treatment at work?

  Unfair treatment is not the same as unlawful treatment. There aren't laws against unfair treatment, which can include a boss who generally bullies people into action or someone who doesn't make fair decisions about time off because of nepotism or mood. Such issues may not constitute a claim for a court argument or allegation, unlike unjust judgments made on the grounds of race or age. An employment attorney can clarify if unfair treatment is also unlawful.

• What are some workers\' rights related to injury and illness?

  Employees have a variety of rights related to time off if they're injured or fall ill. For example, in workplaces covered by the Federal Medical Leave Act, workers are allowed to take up to 12 weeks off without losing their position in a company. The leave is unpaid unless PTO time can be used to cover it. Employees may also have rights to file a workers' comp claim if they're injured on the job. All of these laws cover different situations and types of employers, and an employment attorney can help you understand what rights you have.

• Can an employer force you to work?

  This is a gray area in some cases, which is why it may be a good idea to consult an employment lawyer if you have concerns about your workplace. According to the Occupational Safety and Health Administration , workers have a right to refuse to work in dangerous situations. But the burden of proof that this is, in fact, the case, can weigh heavily on the employee.