If you’ve been injured on the job, you might be wondering whether you should bring a workers’ compensation claim or a personal injury claim. It all depends on the details of your accident and who’s responsible, and a Columbus, OH Workers’ Compensation Lawyer can give you more insight based on the details of your situation.
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If your Columbus, OH employer isn’t following the law and you’re experiencing wage & hour issues with overtime pay, talk to a lawyer as soon as possible. Unpaid overtime doesn’t go away, and with the right claim, you can recover what you’re owed.
If you’ve been in a vehicle accident, you’re entitled to receive compensation for your losses from whoever is at fault for the accident. However, many accidents are not straightforward, and multiple parties may share some responsibility. Talk to a Columbus, OH car wreck attorney as soon as you can to find out what to expect in your specific case, but as long as you are not more at fault or equally at fault, you can recover compensation.
Read the rest of this entry »What Should You Do Immediately After a Serious Personal Injury Accident in Columbus, OH?
If you’ve been in a serious personal injury accident here in Columbus, OH, the steps you take immediately afterward can make all the difference. Acting quickly will protect your rights and improve your chances of receiving the compensation you deserve. Personal injury accidents are overwhelming, but you don’t have to go through them alone.
For immediate help, call Barkan Meizlish DeRose Cox, LLP at 740-204-2125 or contact us today to speak with an experienced injury attorney.
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If you’ve been in a vehicle accident, you’re entitled to receive compensation for your losses from whoever is at fault for the accident. But many accidents are not straightforward, and multiple parties may share some responsibility. Talk to a Columbus, OH car wreck attorney as soon as you can to find out what to expect in your specific case, but as long as you are not more at fault or equally at fault, you can recover compensation.
Author: Bob DeRose | Barkan Meizlish DeRose Cox, LLP
The Department of Labor (DOL) recently announced the return of its Payroll Audit Independent Determination (PAID) program, a voluntary initiative that allows employers to self-report violations of the Fair Labor Standards Act (FLSA) and now, the Family and Medical Leave Act (FMLA). While the program is framed as a way to help employers fix mistakes and quickly pay back wages, workers need to understand exactly what it means for their rights and their paychecks.
Read the rest of this entry »By: Bob DeRose, Wage and Hour Attorney for Employees
As someone who has spent years advocating for workers’ rights, I’ve seen firsthand how small changes in tax or labor law can have massive ripple effects on working families. The recently proposed “Big Beautiful Bill,” which seeks to exempt overtime wages and tips from federal income tax, is one of those changes that sounds great on the surface—but deserves a closer look.
Read more: The “Big Beautiful Bill”: A Win for Workers or a Wolf in Sheep’s Clothing?
The Sixth Circuit’s ruling in Kean v. Brinker International, Inc., ___F.4th___, 2025 WL1692713 (6th Cir. 2025), is not only a good Age Discrimination in Employment Act (ADEA) decision for those who represent employees; it offers great applications for Fair Labor Standards Act (FLSA) cases.
Case Overview: A Lesson in Evidence Handling
Jeff L. Kean, a 59-year-old General Manager at a Chili’s, faced termination under dubious claims of fostering a “toxic culture.” Kean contended this was merely a facade for age discrimination, especially since he was replaced by someone significantly younger and less experienced. Initially, the district court ruled in favor of Brinker, granting summary judgment.
However, the appellate court highlighted a crucial factor: evidence spoliation. Brinker’s destruction of vital documents related to Kean’s employment undermined their defense. The court determined that their failure to preserve original documents—especially after a litigation hold was issued—demonstrated gross negligence, severely impacting Brinker’s credibility. This ruling reinforces the necessity of meticulous record-keeping in employment matters.
Early Use of Preservation Letters: A Strategic Approach
The Kean decision teaches us valuable lessons. Here are strategies for wage and hour lawyers to implement early preservation letters:
- Prompt Action: Send a preservation letter immediately when a potential FLSA client comes to your office. You should get their permission to write to their employer if they are still employed. I am located in Ohio, and we have the benefit of a state statute Ohio Rev. Code 4111.14 (G), (H) that requires employers to produce payroll records within thirty (30) business days of receiving the request. My office couples the records request with an explicit request to preserve all relevant documents, including time records, payroll data, personnel records, and employee communications.
- Clarity in Document Requests: Clearly specify the types of documents to preserve, such as emails, performance evaluations, and schedules related to wage practices.
- Legal Reminders: Reference legal obligations under the FLSA and the cases in your jurisdiction in your preservation letters. This emphasizes the seriousness of maintaining relevant evidence.
- Follow-Up: After sending the letter, follow up with the employer to ensure compliance. Document any responses or lack thereof to establish the employer’s awareness of their duties.
- Client Education and Obligations: Since the obligation to collect and preserve evidence applies to our clients, early in your representation you should educate your clients about the importance of maintaining their own records, including pay stubs and communication with employers regarding wages. Our office includes a simplified version of a preservation letter in an early communication with our clients.
Now is the time to evaluate your current practices regarding preservation letters and evidence management. Are you proactively sending preservation letters to employers and prospective defendants? Are your clients informed about the importance of documentation and retention? Take action today by reviewing your strategies, educating your clients, and ensuring that you are prepared to advocate effectively for employee rights. By understanding the implications of the Kean decision and utilizing preservation letters strategically, we can better protect employee rights under the Fair Labor Standards Act.
Columbus, Ohio – September 27, 2023 – Attorneys Bob DeRose and Brian R. Noethlich from Barkan Meizlish DeRose Cox, LLP, have taken legal action on behalf of Jodi Radabaugh and Barbara Vernon from Marietta, Ohio, filing a lawsuit against JPMorgan Chase Bank, National Association. The lawsuit alleges age discrimination under federal and state laws.
This lawsuit, filed in the U.S. District Court for the Southern District of Ohio, in Columbus, alleges that JPMorgan Chase Bank violated the Age Discrimination in Employment Act (ADEA) and the Ohio Laws Against Discrimination (OLAD) by discriminating based upon age, creating a hostile work environment, and retaliating against its employees, during Ms. Radabaugh’s and Ms. Vernon’s employment.
Jodi Radabaugh, 51, residing in Waterford, Ohio, worked for JPMorgan Chase Bank for nearly three decades until her alleged wrongful termination in April 2022. Barbara Vernon, 65, a resident of Marietta, Ohio, had been with the Bank since 1998. JPMorgan Chase Bank compelled Ms. Vernon to transfer branches and reduced her hours and compensation, the lawsuit alleges, solely because of her age. A third female employee, Leslie Hibbitts suffered the same alleged age discrimination, and was forced to resign. Ms. Hibbitts, however, may not bring her claims in Court, but must proceed with private arbitration out of the public’s view, due to an arbitration agreement JPMorgan Chase Bank required her to sign years ago.
The lawsuit alleges incidents of age-related discrimination, including derogatory, ageist comments made by a supervisor, differential treatment of older workers in terms of scheduling and benefits, and a hostile work environment designed to push out older employees. The plaintiffs seek various remedies, including a declaration of age discrimination, compensation for lost wages and benefits, emotional distress, punitive damages, attorneys’ fees, and legal costs.
Bob DeRose, plaintiffs’ trial attorney who has represented workers for over 30 years, emphasizes the core issue in this case: “Our clients, Jodi Radabaugh, Barbara Vernon, and Leslie Hibbitts have been treated unfairly solely because of their age. No one should have to endure a hostile work environment or be forced out of employment after many years of service simply because they are older. This lawsuit serves as a reminder that age discrimination is unlawful, and we are committed to seeking justice for our clients and holding employers accountable.”
Media Contact:
For media inquiries, please reach out to:
Bob DeRose
Phone: (614) 221-4221
Email: bderose@barkanmeizlish.com
Workers’ compensation laws are in place to protect employees who are injured on the job. However, navigating the process can be confusing and overwhelming for people unfamiliar with the system. This is where a workers’ compensation law firm in Ohio like Barkan Meizlish DeRose Cox, LLP. comes in.
An experienced Ohio workers’ compensation law firm can help you understand your rights, file a claim, and fight for fair compensation. It’s important to know when to contact a workers’ compensation lawyer to get the help you need to protect your rights and get the benefits you deserve.
Why Do I Need a Workers’ Compensation Attorney?
A workers’ compensation law firm provides valuable assistance to those who have been injured on the job. Workers’ compensation attorneys have a deep understanding of the workers’ comp laws and the claims process, which can assist you in receiving fair compensation for your injuries.
An experienced workers’ compensation attorney will assist in negotiations with your employer on your behalf, ensuring that your rights are protected and that you receive the maximum benefits you are entitled to. Furthermore, if a dispute arises in the administrative system, a workers’ compensation attorney can represent you in court and fight for your rights through effective litigation. In short, a workers’ compensation attorney can provide both peace of mind and be a strong advocate during this difficult time.
The Benefits of Contacting a Workers’ Compensation Law Firm
Hiring a workers’ compensation law firm offers several benefits you may miss out on if you choose to represent yourself. Nobody has more expertise in the field of workers’ compensation than an experienced Ohio workers’ compensation lawyer. Practicing workers’ compensation lawyers have a deep understanding of the laws and regulations surrounding your claim that they can use in securing you fair and just benefits.
Another benefit to hiring an experienced workers’ compensation law firm is that they will represent and speak on your behalf during negotiations with your employer, defense attorneys, and third-party administrators to ensure your rights are protected throughout the process.
While you could represent yourself in your workers’ compensation claim, we don’t recommend doing so. Hiring a workers’ compensation attorney provides you with the expertise, representation, and resources you need to receive fair and just compensation for your injuries.
Why You Should Act Fast After Your Injury
The best time to contact a workers’ compensation attorney is as soon as you are injured. Workers’ compensation claims in Ohio must be filed within a year of the injury. Failing to do so will bar you from pursuing any workers’ compensation benefits. Not only that, but gathering evidence becomes more difficult the further you are from the injury.
Contacting a Columbus workers’ compensation lawyer as soon as you suffer an injury ensures your claim is filed correctly, before the statute of limitations expires, and that you are able to gather all the evidence you need to support your claim.
Ohio Workers’ Compensation Lawyers That Work for You
If you have been injured on the job or have developed an occupational illness, it is important to seek legal representation as soon as possible. A workers’ compensation law firm will help ensure your rights are protected and that you receive the compensation you deserve. We can also help you navigate the complex workers’ compensation system, negotiate with involved parties, and represent you in court if necessary.
Don’t wait until it’s too late to seek the help you need. Contact the Ohio workers’ compensation lawyers at Barkan Meizlish DeRose Cox, LLP. today to request your free consultation.
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