The employment lawyers at Elfvin, Klingshirn, Royer & Torch primarily represent individual employees seeking justice for violations of their workplace rights. These include the rights to be free from unlawful harassment and discrimination, to receive minimum wage and overtime pay, to receive benefits like family, medical and disability leave – and to do so without retaliation or reprisals from employers. Our attorneys also help individual employees apply for, and receive, unemployment compensation benefits.
Our firm negotiates and enforces all kinds of employment agreements, including non-competition and severance agreements. We also assist companies with the management of their employees and in the resolution of employment disputes.
Our attorneys are also known for being a go-to resource for federal employees, assisting them with EEO claims, administrative hearings before EEOC, and appeals to the Merit Systems Protection Board (MSPB).
When negotiations fail, we can pursue and defend your claims in court. We have over 100 years of collective litigation experience in state and federal courts and before governmental agencies.
Smart, experienced advocates. Put Elfvin, Klingshirn, Royer & Torch to work for you.
Employment Law Articles
Ohio parents have a lot to think about when deciding whether and when to go back to work during the Coronavirus pandemic
As schools finish up over the next few weeks, and many businesses and daycare centers reopen, parents across Ohio will face difficult decisions about how or whether to return to work. Whether you’ve been working from home or laid off during the Coronavirus pandemic, the decision of whether to return to the workplace pushes on the need for reg...
Paid Coronavirus Sick Leave and Emergency FMLA FAQs
Q Who is entitled to receive Emergency Paid Sick Leave (Paid Sick Leave) benefits? A Beginning on or about April 1, 2020, employees who work for employers with fewer than 500 employees can receive Paid Sick Leave if they cannot work due to: Their quarantine for COVID-19 ordered by a health authority; Their quarantine for COVID-19 or on the advice o...
Coronavirus at Work - Safety, Pay and Unemployment Comp
Q My job requires I work with other people. I cannot always stay at least six feet away from them. Can I say something to about it my employer? A Yes. The National Labor Relations Act (NLRA) allows employees to engage in “concerted activity for mutual aid or protection,” which means they can ask management to correct unsafe conditions. ...
Bruce B. Elfvin Selected for The Best Lawyers in America 2020
Elfvin, Klingshirn, Royer & Torch is pleased to announce that Bruce B. Elfvin has been selected for inclusion in the 26 th Edition of The Best Lawyers in America for 2020 in the following areas: Employment Law – Individuals Litigation – Labor and Employment Mr. Elfvin has been selected for inclusion in at least the last ten editions...
Appellate Court Provides Alternative Cause of Action for Procedurally Barred ADA Claims
While workers employed by government entities and their agencies are subject to the Americans with Disabilities Act, a federal appellate court recently expanded the grounds upon which an employee of such entities may bring a lawsuit. Kaleena Bullington worked as a dispatcher for the Bedford County Sheriff’s Department in Tennessee for over 8 ...
Whatever Happened to that $42,000,000 Employment Jury Verdict against Nationwide?
In November of 2012, a jury awarded Christine Lucarell $42 million for her claims that Nationwide Insurance Company fraudulently and in bad faith induced her to open a new insurance agency when it intended all along to terminate her once she generated a profitable book of business. For Ms. Lucarell, however, that was the end of the good news. First...
Cuyahoga County Prohibits Discrimination based on Sexual Orientation and Gender Identity and Expands Protections against Discrimination to Independent Contractors
On September 25, 2018, Cuyahoga County protected employees from employment discrimination and retaliation based on sexual orientation and gender identity or expression, as well as race, color, religion, military status, national origin, disability, age, ancestry and sex. By doing so, Cuyahoga County joins a growing list of cities and counties that ...
Sixth Circuit Reverses Summary Judgment for ERISA § 503 Interference Claim
In 2014, Atlas Industries Inc. (“Atlas”) fired Robert Stein for missing three days of work without calling off. Stein was on medical leave, though, and thought his doctor’s instructions were to return on August 10th. In fact, he was supposed to return on July 21st. As a result, Stein did not report to work or call off on July 21 -...
Are LGBTQ Employees in Ohio Protected from Workplace Discrimination?
Not everywhere (yet). However, the City of Akron has followed in the footsteps of over one dozen cities in the State of Ohio by passing a nondiscrimination ordinance on March 27th prohibiting discrimination on the basis of gender identity and sexual orientation. The ordinance applies to employment, housing, and public accommodations and was inspire...
Sixth Circuit Affirms Public Employee's Petition Not Protected under the First Amendment
In 1980, Glen Naghtin began working for the Montague Fire Department (“Montague”) until his termination in December 2011. Dennis Roesler was appointed as Chief of Montague in 1998. Montague authorized the construction of a new fire station in 2009. After that project began, Donald Roesler, the Chief’s brother and the Captain, bega...
Can Employers Legally Influence the Political Leanings of Their Employees?
Not according to Brad S. Meyer of Zashin & Rich, who recently wrote a great article on the subject titled "Not So Fast (Food): Ohio Employer Goes Too Far with Supersized Influence over His Employees' Voting Decisions." Meyer highlights an employer's legal obligation not to influence employee choice at elections and warns emplo...
Why All Employees Should Keep Track of Hours Worked
Steven Robinson was a maintenance worker at Roberts Hotels Management Detroit (RHMD). Although Robinson was considered a salaried employee during his time with RHMD, the company subsequently stipulated that he was actually subject to FLSA’s overtime requirements. However, RHMD did not contemporaneously record how many hours Robinson worked pe...
How to Escape the Consequences of an Inaccurate Job Description
Kenneth Camp (age 61) worked for Bi-Lo, LLC (“Bi-Lo”) as a grocery stock clerk for 38 years. He was one of three clerks who worked as a team to stock the grocery store each night, which involved unloading stock from pallets and placing it on store shelves. During March 2012, the store’s director, Gilreath, arrived at the end of th...
Lawsuit against Steakhouse Highlights the Realities of Sexual Misconduct in the Workplace
Locigno worked as a bartender and server for Zach’s Steakhouse, a restaurant owned by the Zacharias family which consisted of Paul Sr., Vivian, and Paul Jr. Throughout Locigno’s employment, she alleged that Paul Sr. and Paul Jr. sexually harassed her daily: Paul Sr. often asked and made Locigno feel obligated to give him a “hello ...
How One Mistake Can Cause a Sexual Harassment Victim to Lose Her Case
Graves worked as a lead nurse anesthetist until she requested to leave the position because she wanted to focus on patient care and avoid the extra work and responsibility required by the management role. Graves remained the lead nurse until February 2013 when Schum, whom Graves had worked with since May 2012, temporarily assumed the position. Grav...
OSBA Selects Bruce Elfvin as Employment Section Chair
The Ohio State Bar Association recently selected Bruce Elfvin as the Chairperson of it's state-wide Employment Law Section. Bruce will serve a two year term guiding the Section as it analyzes and comments on legal issues affecting employment law in Ohio.