“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.

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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.

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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.

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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.

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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.

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“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.

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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.

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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.