Dayton Employment Lawyers
We are in the business of helping employees by providing practical, cost effective advice which best meets the individualized needs of our clients and compliment that service with experience aggressively litigating employment claims in Ohio’s state and federal courts and administrative agencies.
Jason P. Matthews practices throughout Ohio and frequently represents the interests of employees in wrongful termination cases, sexual and racial harassment claims, reviewing and negotiating severance agreements, reviewing non-compete agreements, unemployment compensation hearings, written and oral contract cases, discrimination claims, retaliation cases, public sector employee proceedings, due process violations, civil service appeals, State Personnel Board of Review proceedings, Merit System Protection Board cases, arbitrations, contract negotiations, Ohio Civil Rights Commission charges, Equal Employment Opportunity Commission cases, Family and Medical Leave Act violations, Americans with Disabilities Act cases, workers compensation retaliation cases, whistleblower cases, complaints filed under the False Claims Act, and other public and private sector workplace disputes.
Jason is a former Ohio Civil Rights Commission Investigator and frequently draws on his experience working with the agency in representing clients before the OCRC and EEOC.
Jason frequently serves as a referral source and/or co-counsel on employment cases for some of Dayton’s most highly respected attorneys.
To schedule a consultation with Jason P. Matthews please contact our office at (937) 608-4368 or send an email to jason@daytonemploymentlawyers.com
Services
“Wrongful termination” is a legal term of art which means that an employee has been discharged from employment in violation of a state or federal law, an employment contract or in contravention of a clearly established public policy embodied in statutory or common law or legal regulations.
Examples of wrongful terminations include, but are not limited to, discharges due to age, sex, pregnancy, race, religion, national origin, ancestry, disability, for complaining of unlawful discrimination, for taking leave under the Family and Medical Leave Act, for filing workers compensation claims, and for reporting OSHA violations.
Jason P. Matthews frequently represents employees in lawsuits and pre-suit negotiations involving statutory and public policy wrongful discharge claims. Jason has served as a presenter at National Business Institute and Dayton Bar Association seminars on the topic of public policy wrongful termination.
Schedule a consultation to discuss your potential Wrongful Termination case.
Like “wrongful termination,” “discrimination” is also a legal term of art. Ohio and federal anti-discrimination laws prohibit employers from discriminating against employees in hiring, firing, discipline, promotion, terms and conditions and harassment on the basis of age, sex, pregnancy, race, religion, national origin, ancestry, disability, and for opposing unlawful discrimination. Recent decisions by the Equal Employment Opportunity Commission (EEOC) reveal that the EEOC considers discrimination on the basis of sexual orientation to be a form of sex discrimination.
Ohio’s anti-discrimination laws are set forth in Ohio Revised Code Section 4112. Federal anti-discrimination laws include Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act and the Age Discrimination in Employment Act.
Jason P. Matthews frequently represents employees in employment discrimination cases filed in state and federal court, as well as charges and mediations before the Ohio Civil Rights Commission and Equal Employment Opportunity Commission.
Schedule a consultation to discuss your potential Discrimination case.
Sexual harassment is a form of sex discrimination under Ohio and federal law. Sexual harassment can involve quid pro quo harassment in which an employee’s supervisor or manager requests sexual favors in exchange for employment benefits such as a promotion or favorable job assignment or the conduct of a manager or co-worker can create a hostile work environment. A hostile work environment exists when an employee is subjected to unwanted statements, comments, jokes or attention of a sexual nature and the perpetrator’s conduct is severe or pervasive. Sexual harassment may involve persons of the same sex or opposite sex.
Ohio’s prohibition against sexual harassment in the workplace is found in Ohio Revised Code Section 4112. Federal laws against sexual harassment fall under Title VII of the Civil Rights Act of 1964.
Jason P. Matthews is experienced in working with victims of sexual harassment and assisting them in obtaining results which address both the economic and psychological impact of the harasser’s conduct.
Schedule a consultation to discuss your potential Sexual Harassment case.
If an employee in the State of Ohio is terminated without just cause and meets general eligibility requirements then the employee is typically entitled to receive unemployment compensation benefits. The purpose of these benefits are to create a safety net for employees terminated due to reasons outside of their control. Issues that are commonly considered when reviewing unemployment compensation cases consist of the evidence supporting the employer’s reason for termination, whether the basis for the termination is discussed in an employment policy, the applicability of a progressive disciplinary policy and the extent to which the employee was given the opportunity to bring his or her performance or conduct in line with the employer’s policies and communicated expectations. If an employee is denied compensation, he or she must timely appeal the claim.
Ohio Revised Code Section 4141 contains the laws pertaining to unemployment compensation in the State of Ohio.
Jason P. Matthews has been representing employees in hearings before the Unemployment Compensation Review Commission since 2004. He draws on that experience to assist clients in understanding the process and aggressively representing their interests.
Schedule a consultation to discuss your potential Unemployment Compensation case.
The Family and Medical Leave Act of 1993 (FMLA) provides eligible employees with up to twelve-weeks of unpaid leave from work to care for themselves or a family member with a serious medical condition and requires that employers allow employees to return to their positions. Leave may be utilized in a block or on an intermittent basis. It is illegal for employers to interfere with employees’ rights to take leave and to return to their jobs. Additionally, the FMLA prohibits retaliation against employees for taking FMLA leave.
Jason P. Matthews frequently represents employees in lawsuits and settlement negotiations arising from violations of the FMLA. Common issues include miscalculation of leave periods by the employer, employees not receiving credit for FMLA leave against productivity goals and retaliation against employees after they utilize FMLA leave.
Schedule a consultation to discuss your potential FMLA case.
“Retaliation” is another term of art in the area of employment law. Retaliation typically refers to an employee suffering adverse consequences for engaging in a legally protected activity. Examples of unlawful retaliation include employees being terminated, demoted or harassed because they complain of unlawful discrimination, refuse to submit to a superior’s sexual advances, file a workers compensation claim, take leave under the FMLA, report an OSHA violation or are a public sector employee who has exercised First Amendment rights. Unfortunately, not all forms of retaliation are illegal.
Jason P. Matthews frequently represents employees who have been unlawfully retaliated against for exercising their legally protected rights.
Schedule a consultation to discuss your potential Retaliation case.
Jason P. Matthews represents clients in a variety of matters pertaining to employee contracts. Common issues involve reviewing and negotiating employment contracts, including physician and executive contracts, advising clients on non-competition agreements, reviewing and negotiating severance agreements and litigating breach of contract and estoppel claims.
Employment contracts may be expressed in the form of a document laying out terms and conditions of employment signed by both parties or may be implied through representations communicated in a less formal manner which are relied upon by the employee.
Schedule a consultation to discuss your potential Employment Contract case.
Ohio Revised Code Section 4123.90 prohibits employers from retaliating against employees because they have file or pursued workers compensation claims. Additionally, the Ohio Supreme Court has recognized a limited public policy wrongful discharge claim in cases in which an employer terminates an employee so quickly after his or her injury that the employee has no reasonable opportunity to file a workers compensation claim.
Workers compensation retaliation claims are large part of Jason P. Matthews’ practice.
Schedule a consultation to discuss your potential Workers Compensation Retaliation case.
What People Are Saying
“I hired Mr. Matthews to represent me for an employment matter and give him the highest possible recommendation. Mr. Matthews and his staff are skilled, caring, efficient and excellent communicators. I appreciate the timely follow-up by Mr. Matthews every time I e-mailed or called. He provided excellent representation, gave sound advice and worked diligently to ensure I received the best possible outcome. Mr. Matthews treated my matter with complete respect and compassion during a very difficult period. My stress level was reduced knowing I had a competent attorney on my side. I had an initial meeting with another employment attorney and did not receive anywhere near his level of service. If you are looking for assistance with an employment matter, I recommend hiring Jason Matthews.”
“In 2013 I was wrongfully terminated from a position that I had held for two-years. There was no warranted cause for my termination as my sales numbers were reaching and even exceeding quotas. I was a diligent worker respected by my colleagues and customers alike. Jason Matthews was so reassuring and confident in developing a case for wrongful termination. In a very demoralizing situation, Jason not only negotiated a moderate settlement, but kept me updated on every interaction with the other party’s counsel all the while was kind and supportive. I have already recommended him to friends and highly endorse him if anyone is in need of guidance in an awkward situation with an employer that may be intimidating.”
“I was able to meet Jason and his staff within five minutes of entering his office. Fast and helpful service! He was straight up with me as far as my options and there wasn't anytime wasted on my case. I would definitely recommend him to anyone.”
IF AT FIRST YOU DON’T SUCCEED, APPEAL YOUR UNEMPLOYMENT COMPENSATION CLAIM
Employees are frequently, wrongfully denied unemployment compensation benefits because they are unfamiliar with the processes and legal standards utilized by the Ohio Department of Jobs and Family Services and the Ohio Unemployment Compensation Review Commission.
AT-WILL EMPLOYEES HAVE LEGAL PROTECTIONS
Most employees in the State of Ohio are considered to be “at-will.” While an at-will employee may be discharged without just cause, he or she still has certain legal protections. For example, an at-will employee cannot be terminated due to sex, age, race, disability, religion, national origin, or ancestry.