Top notch employee representation on issues arising in the workplace. Our team helps clients successfully confront employers, asserting their rights.
Assert your rights in the workplace
Employment law attorneys help clients when an employer or a member of a company’s management team engages in acts and practices that discriminate against employees, harass them, or otherwise violate the various state and federal employment statutes. Violation of employment law can have serious detrimental financial and emotional effects on an employee.
- Have you been terminated wrongfully?
- Are you not receiving the benefits you believe you are entitled to?
- Do you feel you are being discriminated against because of your age, race, religion, gender, sexuality or some other pigeonhole?
- Are you being harassed- sexually or otherwise?
- Do you think someone is acting in retaliation against you?
Dworken & Bernstein represents employees in confronting these issues and asserting their rights in the workplace under Ohio common law and under federal and state statutes including:
- Family and Medical Leave Act (FMLA)
- Occupational Safety and Health Act (OSHA)
- Employee Retirement Income Security Act (ERISA)
- Americans with Disabilities Act (ADA)
- Civil Rights Acts (Title VII, Section 1981, and Section 1983)
- Age Discrimination in Employment Act (ADEA)
- Worker Adjustment and Retraining Notification Act (WARN)
- Fair Labor Standards Act (FLSA)
- Ohio’s Civil Rights Laws
- Ohio’s Wage & Hour Law
As always, we prefer to settle any disputes out of court. However, if it becomes necessary, we will litigate your claim in state or federal court. For advice as to whether or not you have any actionable case, call one of our employment lawyers today.
Employment lawyers also help clients negotiate contractual employment issues such as:
- employment contracts
- confidentiality agreements
- non-competition agreements
- non-solicitation agreements
We can help you understand both your rights and your restrictions under the agreement. In negotiating such agreements, we will help you minimize any negative impact. If you find that you have already entered into a questionable employment agreement, we can help you dispute its validity.
All Employment Law Attorneys
Frequently Asked Questions Answered by Richard N. Selby
Can my employer require me to sign a non-compete agreement with them?
In Ohio, as a general rule, employers can require employees to enter into various types of
non-compete agreements. Generally, a non-compete agreement is a contract that limits
an employee’s ability to work for competitors in the same geographic area as their current
employer after their current employment ends. They can be written narrowly, so as to
only limit an ex-employee from contacting customers they worked with while employed
with the company, or more broadly, so as to limit an employee’s ability to work in an
entire industry. In most circumstances, the employer is going to be within its legal rights
to terminate an employee if the employee refuses to sign a non-compete agreement.
Courts, however, will only allow these types of agreements to be enforced to the extent
the non-compete agreement is reasonably necessary to protect the interests of the
employer and does not place an undue burden on the employee. The types of factors that
courts look at in determining whether a non-compete agreement is reasonable are the
length of time it is effective, the geographic areas it covers, the number of customers an
employee can take from the employer if allowed to compete and the effect the agreement
will have on the employee’s ability to find other work. The enforceability of a particular
contract will be dependent on the particular facts of each case.