Legal Question in Employment Law in Ohio

Re: What Will I Need To File A Law Suit Against My Former Employer?

There are many factors to be considered in evaluating an employment claim because each claim is very fact specific. Based solely on the facts you have stated, you may have a viable claim under the FMLA and possibly under other federal and state discrimination laws as well. The procedures vary depending on the exact claims asserted (e.g., though there are no prerequisites to filing a FMLA lawsuit, other discrimination laws that may also be involved require that a charge first be with the Equal Employment Opportunity Commission or a state civil rights commission. But again, this depends on the precise laws under which your claims are asserted which in turn, will depend on additional facts not included in your post). You should contact an attorney in the state in which you were employed (and from which you were terminated). Upon you providing additional, detailed information, the attorney will be better able to evaluate a potential claim and advise you of your options. In the meantime, keep all paperwork, correspondence, journals, etc. that you may have that relates to your employment, communications with your employer, your medical condition, your FMLA leave, etc.

There are strict deadlines (statutes of limitations) by which lawsuits must be filed. If a particular claim is not filed within the applicable statute of limitations, it is forever barred. The statutes of limitations vary depending on the precise claim(s) asserted and further vary between claims brought under federal and state law. Additionally, where claims must first be brought in federal or state agencies (e.g., the EEOC) before a lawsuit can be filed, the statutes of limitations can be quite short. Therefore, it is very important that you not wait to contact an attorney.

***DISCLAIMER: This response is provided for educational purposes only and no attorney-client relationship or privilege is established by or attaches to this response. Baughman & Joyce LLC is not and will not take any legal action on your behalf and is not and will not be considered your attorney unless and until both you and Baughman & Joyce have executed a written retainer agreement. Because of the strict deadline by which you may have to file a lawsuit (statute of limitations), to the extent you do not wish to retain the services Baughman & Joyce LLC, you should nevertheless consult with another attorney without delay.