Employment Law

 

Every employee in the state of Ohio has rights protecting them in the workplace. Employees have rights, but they often have to fight to have those rights recognized by employers and supervisors. Employment law protects you from employer discrimination or harassment because of your gender, age, race, disability, religion or national origin. If you believe you have been a victim of wrongful termination, harassment or discrimination, contact James R. Vaughn and Robert H. Cyperski.

Attorneys Robert H. Cyperski and James R. Vaughn have zealously and aggressively defended the rights of employees in the following areas of employment law:

  • Discrimination: Although workplace discrimination based on age, race, gender, religion, disability or national origin is against the law, discrimination is rarely blatant. Discriminatory practices include bias in hiring, promotions, job assignments, termination, compensation, and certain types of harassment. Examples of conduct that may be illegal include situations when a deserving person is passed over for promotions or raises, when disparate treatment is observed, and when senior employees are arbitrarily fired.
  • Harassment: Workplace harassment is often related to sexual advances by an employer or supervisor, though it can also take other forms including race or gender. Sexual harassment has been defined as “unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature … when … submission to or rejection of such conduct is used as the basis for employment decisions …  or such conduct has the purpose or effect of … creating an intimidating, hostile or offensive working environment.”
  • Wage and Hour Claims: These cases often involve employers forcing employees to work off the clock or to accept “comp time” in lieu of overtime pay. These claims also involve unpaid compensation for those working on commission or working overtime.
  • Unemployment Compensation: Improper denial of unemployment compensation
  • Wrongful Discharge: In the absence of an employment contract, Ohio recognizes the “employment at-will” doctrine, which means an employee may be terminated at any time for any reason or no reason at all — provided the reason is not contrary to law. There are numerous exceptions to employment at-will created by law and court decisions. For example, it is against the law if you have been fired in retaliation for reporting workplace harassment or discrimination, or for blowing the whistle on improper or illegal conduct of your employer.
  • Labor Law: We represent labor unions and their membership in disputes and grievances arising from collective bargaining agreements. We also represent and advise some employers in labor law matters.

What can I do if I believe that I have been wrongfully fired?

We represent clients who believe they have been wrongfully discharged from their job. We investigate the facts, looking for contractual limitations on discharge, express or implied, discriminatory intent or violations of law. If the discharge is actionable, we will attempt to negotiate a fair resolution with the employer, including reinstatement. If the employer refuses, we initiate a legal proceeding, which can include assisting you with filing a claim with the Equal Employment Opportunity Commission (EEOC) or the Ohio Civil Rights Commission and/or commencing litigation.

We pursue the most favorable resolution to wrongful termination. In some cases, that means reinstatement to your prior position. In other cases, it means back pay, compensatory damages, liquidated damages, punitive damages, occasionally front pay (damages to compensate for anticipated future losses due to discrimination), and in many cases, recovery of attorney fees.


Robert H. Cyperski
James R. Vaughn
1201 30th Street, North West, Suite 102-B
Canton, OH 44709

Robert Cyperski Phone: 330-492-6659

James Vaughn Phone: 330-497-9700

 
James R. Vaughn Fax: 330-497-9709
Robert H. Cyperski Fax: 330-492-0943