The practice of law that involves the relationships among employers, employees, and their labor organizations, except workers’ compensation. It includes all aspects of labor relations (private and public sectors), occupational safety and health, employment discrimination, wage and hour, employee benefits and employment-related torts and contracts, all forms of labor and employment litigation, arbitration, mediation, negotiation and other forms of alternative dispute resolution.
Labor / Employment Law
Labor / Employment Law – Questions/Answers
- 1: I signed a Non-Compete Agreement with my employer when I was hired. If I am fired or laid off, or even if I quit to go to work for someone else, to what extent is my Non-Compete Agreement enforceable?
Courts have been known to cut back on the restrictions in the Agreement, or not enforce the Agreement at all if they determine that the terms are unfair to the departed employee. It all depends on whether the employee was treated unfairly at his former job, whether he was fired or laid off unfairly or whether the terms are so restrictive as to prevent him or her from making a living. The courts look at other factors as well.
- 2: One of my employees has gone to HR complaining that she is being harassed on the job by a co-worker? What do I do? What are my legal obligations?
An employer cannot sit back and do nothing. It is a duty to investigate the complaint and ask the right questions of all individuals who might have relevant information. The employer should already have policies in place to alert employees as to how they can register a complaint. The stakes are higher when the alleged offender is a supervisor.
- 3: One of my key employees is habitually late for work. She has been warned several times, but always says it is because either she or her kids are not feeling well. Is it legal for me to fire her?
Most states, Ohio, Kentucky and Indiana included, hold that an employee can be fired at will without any reason given. But over the years, Congress has passed a number of laws that have limited the application of “employment–at-will”. These laws protect employees who are absent because either they or close family members are sick or injured. It all depends on the nature or severity of the injury or illness.
Contact Donald B. Hordes, Esq. at dhordes@ritter-randolph.com for assistance with any labor/employment law issue.