Falke & Dunphy, LLC

Employment Law

Employment Law is the area of law that governs employees’ relationships with their employers. There is a large and complex body of law including statutes, regulations, and court decisions that protect employees’ rights. We can help you navigate the areas of wrongful termination, employment discrimination and harassment, wage & hour, medical leave rights, unemployment benefits, non-competition and severance agreements, medical privileges, and security clearance.

Wrongful Termination

Many Ohioans are fired every day. Many of them disagree with their employer’s reason for their termination, and many more believe that their termination was unfair and unjust. But not every unfair, unjust, or wrongful termination is illegal. The advice of an experienced attorney is critical in helping you understand whether you have been terminated for an illegal reason. There are hundreds of state and federal laws that protect employee rights–you need an attorney who can listen carefully to the facts, ask the right questions, and then evaluate whether you have a claim for wrongful termination. Only a very experienced labor and employment attorney can do this right. If you feel you were wrongfully terminated, Adam can provide you with the right advice and experienced, committed legal representation both in and out of court.

Discrimination & Harassment

Ohio and federal laws forbid employers from illegally discriminating against their employees. If you are the victim of workplace discrimination or workplace harassment, then you may need to consult with a lawyer to get a better understanding of the law. These laws are constantly evolving and changing, and so it is imperative to consult with a knowledgeable attorney.

Sexual Harassment

Sexual harassment is an unfortunate reality for countless workers across the United States. From inappropriate and unwanted advances to pregnancy discrimination, situations of gender discrimination can make your work environment a nightmare. Adam has substantial experience in discrimination litigation.

Age Discrimination

The Age Discrimination in Employment Act applies to employers with 20 or more employees. If you are 40 years of age or older, and you have been harmed by a decision affecting your employment, you may have suffered unlawful age discrimination. If you have been offered a severance package, you may be forced to choose between your retirement package and pursuing litigation that may leave you with nothing. Employers know that older employees often cannot afford to risk everything when the well-being of their family and their ability to retire is at stake. Adam can help you understand and evaluate your options. Adam has substantial experience with severance agreements and non-compete agreements and discrimination litigation.

Disability Discrimination

Disability rights protected by disability employment statutes protect disabled workers from discrimination. The Americans with Disabilities Act, or ADA, protects people with disabilities from discrimination. Employers are required to make reasonable accommodations to allow people with disabilities the opportunity to work like every other American. A failure to accommodate can lead to a discrimination lawsuit. From negotiating settlements or obtaining reasonable accommodations, to pursuing litigation, Adam has the experience and the dedication to help you protect and enforce your rights.

Sexual Discrimination

Employees are protected by federal law from forms of gender discrimination and sexual harassment in the workplace. Adam understands what federal law requires and how cases involving sex discrimination must be investigated. Adam has the experience and the dedication to help you protect and enforce your rights.

Race Discrimination

Race discrimination in the workplace is often subtle and rarely overt given the prohibitions of the Civil Rights Act of 1963 and the creation of the Equal Employment Opportunity Commission (EEOC). Race discrimination is treating individuals differently in their employment because of their race, color, or ethnic origin. Even if an employer or supervisor is not the source of discriminatory behavior or harassment, if they fail to prevent racial discrimination in the workplace, they can still be held liable. Adam has the experience and the dedication to help you protect and enforce your rights.

Unemployment

Almost everyone has been terminated from a job at some time in their lives. But losing one’s job is never easy. Our services for unemployed clients fall into two categories:

  1. Eligibility consultations and
  2. Unemployment appeals. Eligibility consultations are helpful to clients who just need to understand whether they are eligible for unemployment and how they can present their best arguments to the ODJFS Office of Unemployment Compensation. Many clients come to us because they have already applied for, but have been denied unemployment benefits.

If you have been told that you are going to be scheduled for a hearing with the Ohio Unemployment Compensation Review Commission, we strongly recommend that you call our office or otherwise seek legal representation. Winning the unemployment administrative hearing is your best chance of securing unemployment benefits, and it is extremely unwise to appear at the administrative hearing without a lawyer. We have successfully helped many clients secure their unemployment benefits with the Office of Unemployment Compensation and the Unemployment Compensation Review Commission

Non-Competition & Severance Contracts

Companies are increasingly asking employees to sign non-compete contracts and severance agreements even for non-management positions and ones that do not involve specialized knowledge. Asserting your rights and protecting your competitive position within the marketplace means looking carefully and critically at non-compete agreements and severance packages before you agree to their terms. Adam can identify terms and conditions that are either unenforceable, unreasonable, or carry potential liability that could create legal difficulties for you later.

Security Clearance

We assist federal contractors, government, and military employees apply for and keep their security clearances. As often happens, during the government’s application and review process, “red flags” are raised by government investigators. These may be the result of poor life decisions, youthful indiscretions, or simple misunderstandings. We have assisted many individuals with presenting their best case and ensuring that they receive the security clearance they need to perform their job. Our services include helping you prepare your formal response to security investigators and, if necessary, representing you in front of the administrative law judge who may decide your case.

Office Location

30 Wyoming Street
Dayton, OH 45409-2731

Falke & Dunphy, LLC Falke & Dunphy, LLC
30 Wyoming Street Dayton ,
OH 45409-2731
admin@falkedunphy.com

Reach Us

Call for an appointment: 937-222-3000
Fax: 937-222-1414