Employment Law

This area of law deals with the legal and financial obligations that arise between employees and employers. Ohio has traditionally been an “employment-at-will” state. This means that an employer or an employee is free to terminate the employment relationship at any time with or without just cause. Certain employees may have the benefit of a contract that provides that he or she may be terminated only for just cause. This is typically found in a union agreement, but may also exist with other types of employment.

Over the years, numerous exceptions have been carved out of the employment-at-will doctrine. For example, the employment status may be modified if oral or written representations are made to an employee that he or she will have employment for a specific period of time. The status of an employee’s rights may also change if specific promises are made to the employee that he or she reasonably relies upon in determining to continue his or her employment. Other instances may exist where allegations of discrimination are presented which may or may not give rise to a legal claim for damages. Both federal and state laws exist which define an employer’s obligations to its employees and the protection that is available to those workers.

At Smith and Condeni, we provide legal representation on a variety of employment-related issues for both employers and employees. Employment law has undergone dramatic changes over the last ten years and continues to evolve with legislative enactments and their interpretations by the Ohio Supreme Court.

For Employees

We provide counsel in the review of severance packages, layoffs, demotions, or separations of employment. Potential claims may exist for breach of contract, wrongful discharge, unlawful discrimination based upon age, sex, religion or disability. Related tort claims may also exist for defamation, fraud, interference in the employment relationship, violation of public policy, assault and battery and others.

Based upon an employee’s particular circumstances, it may be best to present a claim through the EEOC or the OCRC for investigation and resolution. In other cases we can negotiate appropriate severance packages and, if warranted, initiate legal proceedings to protect your rights. We are experienced litigators who will take your case through trial if a fair and equitable settlement cannot be reached.

For Our Business And Corporate Clients

We provide legal services ranging from conducting investigations of alleged harassment and discrimination claims to defending such claims through trial and the appellate process. We will review company policies, conduct interviews with witnesses and otherwise take the necessary steps to determine the validity of an employee’s complaints. We will then make recommendations on how to resolve these issues.

If your company should have a charge filed against it by the Equal Employment Opportunity Commission (EEOC) or the Ohio Civil Rights Commission (OCRC), we can assist by preparing a response to the charge, conducting discovery, replying to discovery requests and representing the company’s interest at all hearings. Should a lawsuit be filed, we are prepared to fully litigate the claim. We will review and analyze the particular facts of a case with the intention of achieving the client’s objective. We will make recommendations as to the validity of any particular claim, along with mapping out several alternative strategies for defending the lawsuit. These strategies may range anywhere from early mediation to resolve legitimate claims to fully litigating those cases deserving of a defense.

Fee Structure

Legal fees for representation on employment law matters vary depending on the type of case and the nature of the representation required. For employee representation, we typically charge an hourly rate to negotiate and/or review separation agreements. If a claim for wrongful discharge or unlawful discrimination in the workplace exists, we will typically provide representation on a contingency fee basis. This means that we will only recover a fee for our services if we are able to obtain a monetary sum for you based upon either a settlement or a verdict in a court of law.

Representation for employers in conducting either investigations or providing a defense of employment-related claims are billed at an hourly rate. Under all types of representation, the client is responsible for paying the costs associated with the case. These costs typically include the expense of obtaining records, filing fees and expenses for outside services such as court reporters.

At Smith and Condeni, our mission is to represent your interests fully and with concern for what is in your best interest. When you become a client you can expect compassionate care and quality representation from legal professionals, whose strong sense of integrity and dedication to the practice of law ensure that your employment issues are addressed in the best possible manner.

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