When should I get an employment lawyer?

Updated:

8/5/2025

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    When Should I Get an Employment Lawyer?

    If you’re asking when should I get an employment lawyer, chances are you’re already facing a workplace issue that may require legal insight. While not every dispute needs a lawyer immediately, many situations escalate without proper guidance. Employment law can be complex, and acting early often strengthens your position.

    Below are clear signs and scenarios where consulting with an employment lawyer is strongly recommended.


    When Should I Get an Employment Lawyer for Termination Issues?

    Losing your job can be emotional and financially stressful. But if you suspect your termination was illegal, it’s time to speak with an employment attorney. Common red flags include:

    • You were fired after reporting discrimination, harassment, or illegal activity (possible retaliation)

    • You were let go shortly after requesting medical leave or accommodations

    • You believe you were targeted due to your age, race, sex, religion, or disability

    Ohio is an at-will employment state (Ohio Rev. Code § 4113.52), meaning employers can terminate employees for any reason not prohibited by law. However, this does not protect employers who violate anti-discrimination laws or engage in retaliation.

    Case Example: In Greer-Burger v. Temesi, 116 Ohio St.3d 324 (2007), the Ohio Supreme Court emphasized that retaliating against an employee for participating in protected activity (such as filing a complaint) may create liability for employers.


    When Should I Get an Employment Lawyer for Wage and Hour Disputes?

    If your paycheck doesn’t reflect the hours you worked (or if you’re denied overtime) these could be serious violations under the Fair Labor Standards Act (FLSA). You may need an employment lawyer if:

    • You’re not being paid for all hours worked, including pre/post-shift duties

    • You’re denied unpaid overtime despite working over 40 hours in a week

    • Your employer is misclassifying you as exempt or as an independent contractor

    • Your tips or commissions are being withheld improperly

    These claims often require detailed documentation, and employers may attempt to justify illegal practices with confusing classifications. An employment attorney can help clarify your rights and build a strong claim.


    When Should I Get an Employment Lawyer for Discrimination or Harassment?

    Under both federal and Ohio law (Ohio Rev. Code § 4112), employers cannot discriminate based on protected characteristics like race, sex, age, disability, national origin, or religion. If you’ve experienced:

    • Repeated offensive jokes or comments at work

    • Denied promotions while less-qualified coworkers advance

    • Differential treatment after disclosing a disability

    • Sexual advances or unwanted physical contact

    …you may have a claim for harassment or discrimination.

    Important: Before you can sue for certain claims, like those under Title VII of the Civil Rights Act, you must first file a charge with the U.S. Department of Labor or the EEOC. An employment lawyer can ensure deadlines are met and help you build a persuasive claim.


    When Should I Get an Employment Lawyer for Severance or Non-Compete Agreements?

    Employers often offer severance packages with strings attached, such as a release of legal claims. You should consult a lawyer before signing any such agreement if:

    • You’re unsure whether the severance offer is fair

    • The agreement includes a non-compete clause

    • You think you’re owed additional unpaid wages

    • You’re being pressured to sign quickly

    An employment attorney can negotiate on your behalf and protect your future job prospects, especially if the contract limits where you can work next.


    When Should I Get an Employment Lawyer for Medical Leave or Disability Issues?

    If you’ve been denied time off for a serious health condition or punished after returning from leave, this could violate the Americans with Disabilities Act (ADA) or the Family and Medical Leave Act (FMLA).

    Legal support is especially important if:

    • Your employer denied your FMLA leave request

    • You were disciplined or demoted after using leave

    • Reasonable accommodations were denied

    • You were fired while recovering from a medical issue


    When Should I Get an Employment Lawyer for Retaliation?

    If you’ve been punished for asserting your legal rights (such as reporting harassment, requesting leave, or participating in an investigation), you may be a victim of retaliation.

    Ohio law protects “whistleblowers” from adverse actions under specific conditions (Ohio Rev. Code § 4113.52). However, retaliation can take subtle forms, like being reassigned to less favorable duties or denied opportunities for advancement.

    An employment lawyer can assess the full scope of employer retaliation and determine whether your rights were violated.


    Contact Coffman Legal for a Free Consultation

    If you’re unsure whether your situation justifies legal action, speaking with an employment lawyer can bring clarity. At Coffman Legal, we focus on protecting employees in Ohio from wrongful termination, discrimination, retaliation, and wage violations. Contact us today for a free consultation to learn how we may be able to help.

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