Toledo Employment Attorney

Toledo Employment Attorney

Toledo Employment Attorney

Toledo Employment Attorney Charles Herman is available to help you act quickly to protect your rights if you believe you have been discriminated against by your employer, or that your employer has violated laws that protect employees. I provide counsel, advice and litigation services to workers with claims against their employers, including claims for wrongful termination, retaliation, sexual harassment, gender, race, religious and disability discrimination, hostile working environment, minimum wage and hours and overtime, and other violations of statutory law, including under the Family and Medical Leave Act (“FMLA”), Title VII, the Americans with Disabilities Act as amended, the Age Discrimination in Employment Act, Fair Labor Standards Act, the Civil Rights Act, the National Labor Relations Act (“NLRA”), and constitutional claims against governmental entities. Employment law claims require commitment, both on behalf of the client, and on behalf of the Toledo employment attorney. If you want a Toledo employment attorney who is willing to fight for your rights, then contact me now.

Initial Consultation with a Toledo Employment Attorney

I offer consultations in employment related matters. At the initial consultation I will review your case and we will discuss the factual circumstances regarding your claim including whatever evidence you may have including witnesses and documentary evidence. This may take several hours. At the conclusion of this first meeting, we will make a decision whether there is enough evidence to move forward with your case. If there is, we will enter into an attorney-client relationship.

Filing a charge with an administrative agency

If the best legal strategy involves filing a charge with an administrative agency like the Ohio Civil Rights Commission or the federal Equal Employment Opportunity Commission, then I will assist you in preparing the necessary documents, including: assisting in drafting and filing the charge of discrimination with the agency; reviewing the Respondent’s position statement; drafting a response to the Respondent’s position statement and where necessary providing any additional information to support the allegations of discrimination including witness statements, documentation or other information/evidence; corresponding with the agency and the investigator assigned to the charge; and attending any mediation and/or negotiating any settlement. Many cases can get resolved through mediation, but there are no guarantees and the charged party is not required to mediate or negotiate a claim of discrimination.

Filing a lawsuit in State or Federal Court

There are provisions for attorney’s fees under the discrimination laws and I will petition the court for an award of attorney fees in appropriate circumstances. If attorney’s fees are awarded by the court, then any fees awarded will be reduced from my fee. Filing the lawsuit involves the following: (pleadings phase): filing the complaint; and responding to any motions to dismiss or other motions directed at the sufficiency of the complaint; (scheduling phase): drafting reports requested by the judge; attending any scheduling conferences; and negotiating a settlement if possible; (fact discovery): sending out requests for production of documents and things, inspection of property and filing responses and written objections to these discovery devices; reviewing your documents for privilege; document review and copying; organization by issue/witness for deposition binders; drafting and serving interrogatories; drafting and filing written objections and responses to interrogatories; supplemental or amended responses; motions to compel under Rule 37; requests for admissions; taking depositions; and defending depositions; (pretrial phase): attending any pretrial conferences; filing and responding to dispostive motions including motions for summary judgment and motions for judgment on the pleadings; joint stipulations on evidence; pretrial memoranda; pretrial disclosures; preparing witness list; preparing exhibit list; reviewing discovery and filing motions in limine; drafting required trial briefs; jury selection (voir dire), jury instructions, verdict forms, objections; preparing opening statements; serving trial subpoenas; creating fact and expert witness outlines; creating cross-examination outlines; and preparing witnesses; and the actual trial itself, but does not include any appeal if the case is lost; and (trial phase): arranging trial logistics; transporting exhibits to court; drafting and filing last-minute evidentiary motions; jury selection; opening statements; direct and cross-examination; reading discovery into evidence; drafting and filing any required bench briefs; arguing jury instructions; and closing arguments.

Damages

At the initial consultation we will make an evaluation of your potential damages, which includes an assessment of your potential: lost wages; lost benefits; front pay; compensatory damages, including pain and suffering, emotional distress, or inconvenience; and punitive damages. Although these categories of damages are available under the discrimination laws, they may not all be applicable to your individual case.

Mitigation of Damages

The most basic component of damages in an employment discrimination lawsuit or wrongful dismissal lawsuit is lost salary. Generally damages are measured by the salary you would have earned from your former employer from the date of your wrongful dismissal until the date of trial, less earnings your receive from part-time or full-time employment before trial. Therefore, you must look for work. You cannot sit back and let your damages build up and hope that you will recover the full amount of your lost salary at trial. If you do not look for work or are unavailable for work during a period of time, you probably will not be able to recover your lost salary for that period. That is, you have a duty to reduce your claim for lost salary and fringe benefits. Our Courts call this the “duty to mitigate damages.”

If you believe that your employer has treated you wrongly, then call me and we can set a time to meet and discuss the facts of your case.