Employment Law at Skinner & Associates

employmentlaw

It doesn’t matter if you’re looking for a job for the first time, or if you’ve recently been terminated, it’s important for you to understand your rights as an employee. Both federal and state governments have enacted a wide range of employment laws protecting employees from discriminatory treatment, unfair labor practices, unsafe work conditions, and more.

Here at Skinner and Associates, we can provide in-depth knowledge on all phases of the employment process, from the interview and hiring stages to promotion, and even termination. In addition, we can provide further information about privacy in the workplace, wage and hour laws, workplace safety, family leave policies, and much more.

Areas where employment law can help you:

 

  • Hiring Process: Whether it’s your first time looking for a job, or you’re a seasoned professional, it’s always nice to have an employment lawyer on your side.

 

      • Applications and Interviews
      • Offers and Contracts
      • Contractor or Employee

 

  • Wages and Benefits: Ensure you’re getting compensated fairly, whether in a new job or promotion.

 

      • Wage and Hour Laws
      • Fair Labor Standards Act
      • Retirement Benefits

 

  • Employment Discrimination

 

      • Race Discrimination
      • Sexual Harassment
      • Religious Discrimination

 

  • Family and Medical Leave

 

      • Family and Medical Leave Act
      • State Leave Laws

 

  • Workplace Privacy

 

      • Employee Privacy
      • Drug Testing

 

  • Workplace Safety

 

      • OSHA
      • Workplace Exposure

 

  • Whistleblowers

 

      • Whistleblower Protections
      • Qui Tam Actions

 

  • Losing a Job: If you feel you’ve been wrongfully terminated, an employment lawyer can help be your voice should you need it.

 

    • Job Loss Basics
    • Wrongful Termination
    • Unemployment Benefits

Employment laws governs the employer-employee relationship and establishes important rights and regulations that determine what is legal and illegal in the workplace. We represent individuals and companies in a number of employment law areas. If you are an employee and believe your rights have been violated, or are a company and have questions about employment matters, Skinner & Associates will work with you to make sure your rights are protected and your needs are met.

Here at Skinner & Associates, we’re here to serve you. Contact Skinner & Associates Attorneys at Law for a no obligation consultation for a trustworthy, knowledgeable legal team to handle your case. Give us a call today at 614-664-0200 to set up an appointment, or visit our website to learn more about the services we offer and our areas of practice.

The information at the Skinner & Associates, LLC website is intended for general informational purposes only and not as specific legal advice. Use of this site is not intended to and does not in any way establish an attorney-client relationship. Visitors to this site should seek professional legal counsel regarding their specific matters. Attorneys at Skinner & Associates, LLC would be pleased to speak with interested parties, but we can only represent clients where we are licensed to practice, and where no other bar to representation exists. If the information provided by this website does not comply with the legal or ethical requirements of a particular user’s state or country, we may be unable to represent you. Although we are a general practice law firm, we may be considered a debt relief agency because we help people file for bankruptcy relief under the Bankruptcy Code.

Divorce, Dissolution & Legal Separation

Divorce is one of the hardest decisions a person has to endure.  The undertaking can be emotionally painful and should not be entered into lightly.  Much thought and consideration goes into it before the decision is made. If you decide to proceed, it is critical that you learn and understand the differences between legal separation, divorce, and dissolution.

Legal Separation is an arrangement by which a couple remain married but live apart, following a court order.  In a legal separation, the marriage remains legally intact, but the issues addressed by the court in a final order of legal separation are the same matters that are dealt with in a divorce or dissolution.  

There are many reasons why a legal separation is the road some people take instead of divorce or dissolution of marriage.  

Some of these reasons may be:

  • The emotional impact of being divorced — both parties cannot accept the significant social and psychological impact.
  • Religion – some religions prohibit divorce.
  • Financial considerations to remain technically married.   
    • Health insurance.  Many couples are motivated to remaining married (legally separated) because of  health insurance.  In some employer health insurance plans, the coverage and costs change if you divorce, but not if you get a legal separation.  
    • Social security.    The need to remain married in order to meet the 10-year requirement for social security benefits. The decision to legally separate generally means there is a strong desire to provide financial support to the spouse.

Divorce or Dissolution is a  legal dissolution of a marriage by a court, a couple is  no longer married.  However, in all cases, the court addresses the same matters whether it be  pertaining to residential parent, legal custodian, parenting rights, child support, spousal support, division of property and payment of debts.  Legal separation agreement may later be the basis for grounds for a divorce.  However, the marriage remains legally intact until one of the parties says differently.

Divorce vs. Dissolution:  

While both of these process annul or put an end to  a marriage, there is a difference. It’s important to know when selecting between a divorce vs. dissolution  – a dissolution of marriage in Ohio is a much different process than that of a divorce.

While a divorce may end in settlement instead of a trial, a dissolution begins and ends as a settlement between the parties. Additionally, there does not need to be “fault” for a dissolution like there is for a divorce.

Whether a legal separation, a divorce, or a dissolution, if you find yourself down this path, our attorneys will provide you with the one-on-one attention needed for your family law matters and are here to explain all of your options. Contact  Skinner & Associates Attorneys at Law  or call 614-664-0200 to schedule a consultation. We are here to help you through the transition.

The information at the Skinner & Associates, LLC website is intended for general informational purposes only and not as specific legal advice. Use of this site is not intended to and does not in any way establish an attorney-client relationship. Visitors to this site should seek professional legal counsel regarding their specific matters. Attorneys at Skinner & Associates, LLC would be pleased to speak with interested parties, but we can only represent clients where we are licensed to practice, and where no other bar to representation exists. If the information provided by this website does not comply with the legal or ethical requirements of a particular user’s state or country, we may be unable to represent you. Although we are a general practice law firm, we may be considered a debt relief agency because we help people file for bankruptcy relief under the Bankruptcy Code.

Sources:

https://www.ohiobar.org/ForPublic/Resources/LawYouCanUse/Pages/LawYouCanUse-101.aspx

https://www.avvo.com/legal-guides/ugc/legal-separation-vs-dissolution-of-marriage

http://loraindivorceattorney.com/practice-areas/divorce-vs-dissolution/

The Importance of Estate Planning

You may have heard of estate planning, but do you know what it entails? It may sound complicated, but an estate plan just refers to the documents that almost every individual needs, regardless of how complex their financial and familial affairs are. The purpose of these documents is to help avoid problems that may arise in the event of your death. Without an estate plan, these problems are often resolved by courts and state law — a sometimes less-than-ideal situation for the surviving family members. A properly-prepared estate plan will let you decide for yourself ahead of time important choices like the care of surviving minor children or pets, division of assets, and who will ultimately be the executor of your estate. Here are just several ways estate planning will benefit you and your family, from the American Bar Association:

  • Get your property to beneficiaries quickly. You can opt to have insurance paid directly to your beneficiaries.
  • Plan for incapacity. This is important if you want to decide in advance what happens if you become physically or mentally incapacitated and life support is in question. You can also choose someone who will make medical decisions for you in the event of incapacitation.
  • Minimize expenses & ease the strain on your family. Good estate planning can keep the cost of transferring property to beneficiaries as low as possible, leaving them more money. It also takes the burden from your grieving loved ones if many of the big decisions, such as funeral arrangements, are prepared ahead of time.
  • Give to your favorite charitable cause and/or establish a trust fund. Have a charity you wish to help out? Or a grandchild whose education you want to assure? Philanthropy and trust funds can be a part of your estate plan, too.

Need assistance planning your estate? Skinner & Associates works with Ohio residents through the estate planning process to create a plan that may include a Will, Living Will, Healthcare and Financial Powers of Attorney, and a Transfer on Death Affidavit, if applicable. If you’re looking for a unique and useful Christmas gift for a loved one, consider an estate planning package from Skinner & Associates. Contact us for more information!

The information at the Skinner & Associates, LLC website is intended for general informational purposes only and not as specific legal advice. Use of this site is not intended to and does not in any way establish an attorney-client relationship. Visitors to this site should seek professional legal counsel regarding their specific matters. Attorneys at Skinner & Associates, LLC would be pleased to speak with interested parties, but we can only represent clients where we are licensed to practice, and where no other bar to representation exists. If the information provided by this website does not comply with the legal or ethical requirements of a particular user’s state or country, we may be unable to represent you.

Although we are a general practice law firm, we may be considered a debt relief agency because we help people file for bankruptcy relief under the Bankruptcy Code.

A Closer Look at Child Custody

There are many facets to child custody cases, and the law differs from state to state, from married couples going through a divorce, to unwed single parents. Each case is different and takes special consideration. There are various types of child custody, each with their own upsides and downsides. Here are the four main types of child custody in family law, as explained by FindLaw:

Legal Custody

Legal custody gives a parent the right to make long-term decisions about the raising of a child, and key aspects of the child’s welfare – including the child’s education, medical care, dental care, and religious instruction. In most child custody cases, legal custody is awarded to both parents (joint legal custody), unless it is shown that one parent is somehow unfit, or is incapable of making decisions about the child’s upbringing.

Physical Custody

The parent who has been granted physical custody is the parent the child or children will live with. Most modern custody arrangements give physical custody to one parent (called the “custodial” parent) and grant visitation rights and shared “legal custody” to the non-custodial parent. Typically, visitation rights give the non-custodial parent exclusive time with the child every other weekend, alternating major holidays, and a number of weeks during summer vacations.

Sole Custody

A parent with “sole custody” of a child has exclusive physical and legal custody rights concerning the child. These custody arrangements are usually limited to situations in which one parent has been deemed unfit or incapable of having any form of responsibility over a child — for example, due to drug addiction or evidence of child abuse. In sole custody situations, the child’s other parent has no physical or legal rights, but may be entitled to periods of visitation with the child (though those visits may be supervised, especially in situations involving domestic violence or child abuse).

Joint Custody

In true joint custody arrangements, parents share equal legal and physical custody rights. This means that parents participate equally in making decisions about the child’s upbringing and welfare, and split time evenly in having day-to-day care and responsibility for the child — including the parent’s right to have the child live with them. True joint custody arrangements are rare because of their potential to cause both personal difficulties (stress, disruption of child’s routine) and practical problems (scheduling, costs of maintaining two permanent living spaces for the child).

If you are looking for help in the area of family law, look no further than Skinner & Associates. If you have questions or concerns regarding your rights or obligations, we will work aggressively to protect your rights and achieve an outcome that is best for you. We have 6 locations in central Ohio to help serve you better. Contact us today!

Child Custody

The information at the Skinner & Associates, LLC web site is intended for general informational purposes only and not as specific legal advice. Use of this site is not intended to and does not in any way establish an attorney-client relationship. Visitors to this site should seek professional legal counsel regarding their specific matters. Attorneys at Skinner & Associates, LLC would be pleased to speak with interested parties, but we can only represent clients where we are licensed to practice, and where no other bar to representation exists. If the information provided by this website does not comply with the legal or ethical requirements of a particular user’s state or country, we may be unable to represent you.

Although we are a general practice law firm, we may be considered a debt relief agency because we help people file for bankruptcy relief under the Bankruptcy Code.

Skinner & Associates – Now Certified in Mediation

When two parties cannot come to an amicable solution, sometimes they call upon a mediator to help settle the issue. Mediation is a method of alternative dispute resolution that utilizes an unbiased third party. The mediator does not make a decision but rather provides suggestions and helps to create the dialogue to come to an agreement.

Why mediation?

Mediation is typically quicker, less expensive and a more simplistic way to settle a dispute. It allows both parties to consider all the situations that might have led to the dispute instead of a narrow legal issue. The question of fault and right or wrong is typically not the focus of the discussions, rather coming to an adequate resolution is the goal.

Should you use mediation?

If you are in a position of being unable or even unwilling to resolve a dispute, using mediation is a good option to provide a resolution. Mediation is a short term process which is very structured. The mediator works with both parties by overseeing the exchange of information. They help them find a common ground and resolve unrealistic expectations while determining appropriate solutions. They may also be called upon to draft a settlement.

When mediation is necessary

Mediation is typically a voluntary exercise but can also be court ordered. It is common in a small claims situation, housing issues and family law. It is also occasionally used in criminal court proceedings. While a litigation process involves a judge making the final decisions, in mediation, both parties and the mediator work together to determine the terms of the both the mediation process as well as the final agreement.

After a resolution is reached

When the mediation process is concluded the final agreement can be either oral or written. The laws in the jurisdiction in which the mediation occurs will determine if the agreement is binding. If an agreement cannot be reached the parties can pursue other legal measures to make their claims.

At Skinner & Associates, we are pleased to announce that in addition to our full range of legal practice areas, we are also certified to help clients through the mediation process. If you are considering mediation to settle a legal dispute, contact our trusted team today.  

Mediation

The information at the Skinner & Associates, LLC web site is intended for general informational purposes only and not as specific legal advice. Use of this site is not intended to and does not in any way establish an attorney-client relationship. Visitors to this site should seek professional legal counsel regarding their specific matters. Attorneys at Skinner & Associates, LLC would be pleased to speak with interested parties, but we can only represent clients where we are licensed to practice, and where no other bar to representation exists. If the information provided by this website does not comply with the legal or ethical requirements of a particular user’s state or country, we may be unable to represent you.

Although we are a general practice law firm, we may be considered a debt relief agency because we help people file for bankruptcy relief under the Bankruptcy Code.

Five Things You Should Know About Personal Injury Cases

Being injured in an accident can be a very overwhelming and difficult time. In addition to the physical pain from an accident, you might also be strapped with lost wages and other stressors. Having a qualified attorney guiding you through the process is important as you navigate a personal injury claim.

skinner&associates

An insurance company will take the claim more seriously if you have a lawyer – While insurance companies are not out to get the claimant, they certainly don’t want to hand over money if they don’t have to. A qualified personal injury lawyer is well aware of your legal rights when it comes to a personal injury claim. This means that quite often, items that an insurance company might overlook, a lawyer will be sure to include in your claim.

You need a lot of information to go forward with your claim – Insurance companies sometimes ask for medical records, medical releases, statements, examinations under oath, and an independent medical exam. Your attorney can compile the needed documents for you and help you navigate these potential pitfalls.  

It will probably take longer than you think – It is common that a case is not settled while medical treatment is taking place. While your attorney will touch base to ensure that you are doing okay, monitor your progress, and make sure all your bills are being paid during your recovery, the case will most likely commence after all the facts are gathered.

Most cases don’t go to court – Because of the cost of a trial, most insurance companies do not want to go through the process. The only reason a trail typically occurs is if liability or negligence cannot be established or the insurance company will not provide an adequate settlement.

The final decision is yours – While your attorney will make recommendations on how to proceed with your case, ultimately the decision on how to move forward is yours. Your attorney should be acting in your best interest and should not force a settlement. If you do not trust your attorney to make appropriate recommendations, it is probably a good idea to seek another lawyer.

If you or someone you know has been injured because of the negligence of another person, contact the trusted attorneys at Skinner & Associates.

 

The information at the Skinner & Associates, LLC web site is intended for general informational purposes only and not as specific legal advice. Use of this site is not intended to and does not in any way establish an attorney-client relationship. Visitors to this site should seek professional legal counsel regarding their specific matters. Attorneys at Skinner & Associates, LLC would be pleased to speak with interested parties, but we can only represent clients where we are licensed to practice, and where no other bar to representation exists. If the information provided by this website does not comply with the legal or ethical requirements of a particular user’s state or country, we may be unable to represent you.

Although we are a general practice law firm, we may be considered a debt relief agency because we help people file for bankruptcy relief under the Bankruptcy Code.