EMPLOYMENT LAW

Employer and Employee Representation >

Unlawful Discrimination, Retaliation, and Harassment >

FMLA, ADA, and Wage and Hour Laws >

Non-Compete and Trade Secrets >

Corporate/Employer Consulting >

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Employer and Employee Representation

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While some attorneys elect to represent only one side of employment disputes -- "plaintiff's attorneys" or "defense attorneys" -- Attorney Buente represents both employers and employees in employment litigation disputes.  This allows him to understand both sides of the case, better assess the case's merits, and truly understand the strongest and weakest points of the opposing party's prosecution or defense.

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Read more below, and contact Attorney Adam V. Buente at adam@buentelaw.com or (330) 754-4028 today to discuss how he can aid you in prosecuting or defending your employment law claim.

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Unlawful Discrimination, Retaliation, and Harassment 

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Ohio is generally an "at-will" employment state, meaning that the employer can fire its employee for any reason.  However, Ohio and federal law prohibit employees from discriminating, harassing, or retaliating against employees on the basis of:

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• Age

• Gender

• Pregnancy

• Race, ethnicity, and national origin

• Religion

• Disability

• Genetic information

• Sexual orientation

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Unlawful discrimination involves treating someone differently based upon any of the above-described characteristics.  Unlawful harassment involves offensive conduct that becomes so severe and pervasive that it inhibits the employee's ability to perform his or her job duties.  Unlawful retaliation involves taking an adverse employment action against an employee after reporting or protesting against offensive conduct.

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Unfortunately, and as federal and state law have become more complicated, employment disputes now often involve a tangled web of administrative, state, and federal procedures that frequently have very quick deadlines that must be followed.  Moreover, if the case does proceed to litigation, the case often delves into a complex framework that shifts the burden of proof from the employee to the employer, and then back to the employee.

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Attorney Buente will handle prosecuting or defending your discrimination, retaliation, and harassment claims from start to finish.  He will collaborate with you to accomplish your goals and reach a fair and equitable compromise to resolving the dispute.

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Contact Attorney Adam V. Buente at adam@buentelaw.com or (330) 754-4028 to discuss your employment matter further.

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FMLA, ADA, Wage and Hour Laws

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Ohio and federal law provide strict requirements for certain employers with respect to various issues affecting employment.  The three most prevalent of these statutes are the FMLA, ADA, and FLSA.

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The Family Medical Leave Act (FMLA) entitles eligible employees to take unpaid, job-protected leave for specific family and medical reasons.  This leave may include caring for a new child, care for a spouse or a dependent, caring for the employee's own serious medical condition, etc.  Employers must follow these laws or face liability.

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The Americans with Disabilities Act also provides rights to employees with disabilities.  Among the most important of these is the right to a reasonable accommodation -- an employer must provide a covered employee suffering from a disability with a reasonable accomodation that would allow the employee to complete her essential job duties.

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The Fair Labor Standards Act generally governs wage and hours.  The FLSA establishes minimum wage, overtime pay, recordkeeping, and youth employment standards affecting employees in the private sector and in Federal, State, and local governments.  An employer's failure to comply with these regulations can trigger significant liability for the employer.

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While the above refers to federal statutes, these issues often involve an intersection of state and federal law.  Some of these issues require compliance with an administrative procedure, while others do not.  Contact Attorney Adam V. Buente today to discuss your possible issues regarding the FMLA, ADA, and FLSA.

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Non-Competes and Trade Secrets 

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The enforcement of non-compete agreements and trade secrets involve an age-old battle -- the employee's right to move on to another job versus the employer's right to protect its intellectual property, customer base, and trade secrets.

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Ohio law will generally (emphasis on the word "generally") allow an employer to enforce a non-compete agreement so that its restrictions on the employee are not over-burdensome and are designed to protect a legitimate business interest.  What is considered over-burdensome, and what is a legitimate business interest?  The answer to these inquiries often involve incredibly fact-specific analyses.

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Similarly, Ohio law (specifically R.C. 1333.61) prohibits an employee from misappropriating a trade secret, which is generally some sort of business secret that (1) provides the employer with an economic advantage for not being generally known to the public and (2) is subject to protection by the employer to maintain its secrecy.  Like non-competes, this again creates an incredibly fact-specific inquiry.

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Contact Attorney Adam V. Buente today at adam@buentelaw.com or (330) 754-4028 to discuss whether or not the non-compete at issue in your case is enforceable, or alternatively, whether trade secrets are involved that could trigger statutory protection.

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Corporate/Employer Consulting

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Operating a business often inevitably leads to disputes, both internal and external.  This is unfortunately true even when the business owner takes every conceivable step to mitigate its risk.  But nevertheless, businesses inevitably face litigation involving:

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• An employee continuously causes disruption at the workplace -- what should you do?

• An employee got injured at work -- should your company dispute the claim?

• An employee left to work for a competitor -- should you enforce her non-compete agreement?

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Often employers try to make decisions in good faith regarding these situations, only to later be served a summons for a complaint filed in a local court.  

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Attorney Buente provides general consulting to business so that they can avoid these headaches as much as possible and navigate the day-to-day challenges that arise in their business.  The goal of these services is to provide guidance to the client, increase confidence in their present and future decision-making, and minimize potential exposure.  Call Adam V. Buente at (330) 754-4028 to discuss possible representation.

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