Employment Law

• Workers Compensation
  Opportunities for wage continuation, wage differential, permanent partial awards, and settlements exist with workers compensation claims. The value of these claims are wholly contingent upon the nature and extent of the injury, its permanency, costs of medical treatment, future wage loss, and the presentation of medical and vocational evidence. The firm has a highly successful track record of maximizing these awards, including obtaining valuable settlements and court victories in disputed claims.
• Wrongful Termination
  To be clear, our clients are viewed as an integral part of the team. Whether it is disability, gender, housing, or other rights, great care is taken to ensure that all rights are secured, preserved, and ultimately, maximized Рconcurrent with aggressive respectful advocacy on behalf of our client̬le. We have the experience to state we have successfully represented thousands of people Рone client at a time. Our attorneys possess extensive experience in matters ranging from disability to wrongful discharge, and our years of uninterrupted success are a testament to our desire to represent each client as if he or she was our only client.
• Employment Discrimination
  The focus in many employment discrimination cases, absent direct evidence, is on the motivations concerning an adverse action to a member of a protected class.
• Employment Contract
  This past year, Andrew has successfully handled many cases, including three noteworthy appeals. (1) Sicklesmith v. Chester Hoist (fully affirming above trial verdict in discrimination case and which had unprecedented value in establishing disability requirements, burden of proof, punitive damages, attorney client privilege and evidenciary thresholds), (2) Williams v. Case Western Reserve University (reversing summary judgment against visiting professor/researcher who was wrongfully discharged in violation of three year employment agreement), and (3) OCRC and Harper v. AMHA (case of 1st impression where summary judgment reversed finding that Ohio recognizes cause of action for hostile environment in housing). Note: case originally received "no probable cause" finding from OCRC until Margolius reversed decision before meeting statewide meeting of the OCRC’s Commissioners).
• Employment Litigation
  The Courts in Ohio and elsewhere are on a similar track, although many have incorporated, and are now reliant on, video services such as Zoom and Microsoft Teams to allow for remote hearings. This has proven to be more efficient with less waiting and travel time for the litigants and counsel. Depositions and mediations are more frequently being scheduled as in-person although the litigants often agree upon alternative methods. Nonetheless, litigation has picked up, whether for employment claims, long-term disability, or auto accidents.
• Severance Agreement
• Sexual Harassment
  Andrew’s specific litigation representation includes employment discrimination (race, disability, gender, sex, age), housing discrimination (race, gender, harassment, family status, disability), personal injury cases, civil rights cases, Long Term Disability cases, education law, and general litigation. Specific statutes covered involve age discrimination, FMLA, ERISA, Title VIII (housing discrimination), Title VII (employment discrimination), wrongful discharge, sexual harassment, disability, Long Term Disability, severance issues, public policy discharges, Whistleblower rights, executive pay issues, and Court of Claims cases.

Property Law

• Real Estate Transactions
  General compensatory damages and punitive damages are available in fair housing cases. Punitive damages are appropriate in cases of “reckless or callous disregard for the plaintiff’s rights, [or] intentional violations of federal law...”

Health Law

• Personal Injury
  The most common form of personal injury case is an automobile accident. Insurance coverage is mandatory in Ohio; thusly, if the other driver is at fault, procedures exist to gain compensation for an injured victim. The statute of limitations on this type of claim is two years. The primary issue is one of negligence, although damages issues are also contested in many of the personal injury cases that are tried to a jury. Damages must always be proximately caused by the individual or company that was negligent.
• Auto Accidents
• Social Security Disability
  Please refer to this page for helpful links, documents, and other pertinent information related to Social Security Disability and employment law.
• Disability Discrimination
  Ross v. Campbell South Co., 232 F.36 701, 706 (6th Cir. 2001), the Court held that a disability discrimination plaintiff can establish the first element of the prima facie case for discrimination by showing that the employer