FAQ

Frequently Asked Questions

Answers to questions we hear from prospective clients and parties to Title IX proceedings. If your question is not covered here, schedule a free consultation and we can address your specific situation.

Employment Law

Deadlines depend on which agency and which law you are pursuing. To file with the EEOC, you generally have 300 days from the discriminatory act. Ohio Civil Rights Commission charges carry a similar window. Once an administrative agency issues a right-to-sue letter, you typically have 90 days to file in court. Some claims under Ohio law have different timelines. Because missing a deadline can permanently bar your claim, it is worth speaking with an attorney as soon as possible after an incident occurs.

Ohio is an at-will employment state, but that does not mean an employer can fire an employee for any reason. Termination is unlawful when it is because of a protected characteristic (race, sex, age, disability, religion, national origin, pregnancy, and others), when it is in retaliation for a protected activity (reporting harassment, filing a charge, taking FMLA leave, whistleblowing), when it violates a contract, or when it violates Ohio public policy. Many employees who think they were fired for nothing actually have a claim once the facts are examined closely.

No. Retaliation against an employee for reporting harassment, filing a complaint, or participating in an investigation is illegal under both federal and Ohio law. Retaliation can take many forms beyond termination, including demotion, reduced hours, reassignment, or a hostile work environment. If you believe you have experienced retaliation, documenting what happened and when is an important first step.

Ohio is an at-will employment state, meaning an employer can generally terminate an employee for any reason or no reason at all. But there are important exceptions. Termination is wrongful when it is based on a protected characteristic, in retaliation for protected activity, in violation of an employment contract, or in violation of public policy. The facts of how and when a termination happened often determine whether it crosses the legal line.

Three things matter most. First, document what is happening: dates, what was said or done, who was present, and any written communications. Save anything in writing somewhere your employer cannot access. Second, if there is an internal complaint process, consider using it. Reporting the conduct may trigger your employer's own obligations and protects you legally. Third, consult an employment attorney before making major decisions like resigning or signing a severance agreement. Early advice often shapes the outcome more than what comes later.

Document everything: dates, what was said or done, who was present, and any written communications. Save anything in writing somewhere your employer cannot access (your personal email, for example, rather than your work account). If there is an internal complaint process, use it. Reporting the conduct protects you legally and may trigger your employer's own obligations. Consult an employment attorney before taking dramatic action like resigning. Retaliation claims often have shorter deadlines than the underlying claim, and the strength of a retaliation claim depends heavily on timing and documentation.

It depends on the type of matter. For many employment discrimination, retaliation, and FMLA claims, the firm works on contingency, meaning there is no upfront cost and the firm is paid only if you recover. Severance agreement reviews and non-compete reviews are typically flat fee. Title IX advisory work is usually hourly or flat fee depending on the engagement. Initial consultations are offered at no cost so you can understand your options before committing to anything.

For many employment discrimination, retaliation, and FMLA claims, yes. Contingency means there is no upfront cost to you and the firm is paid only if you recover. For other matters, including severance agreement review, non-compete review, and Title IX advisory work, fees are typically flat or hourly. The right fee arrangement depends on the matter, and the firm discusses it transparently at the outset so there are no surprises.

Initial consultations are offered at no cost. They run about 30 minutes, are conducted by phone, and you speak directly with Sean Sobel, the founding attorney. There are no intake screeners and no junior staff handling first calls. The consultation is confidential whether or not you decide to retain the firm.

Yes. The firm reviews non-compete agreements before you sign and represents employees facing enforcement of existing agreements. In Ohio, non-competes are enforceable only if reasonable in scope, duration, and geographic reach, and only if they protect a legitimate business interest. Many non-competes presented to Ohio employees contain language that does not hold up under Ohio law. Severance agreement reviews are typically flat fee and aim to identify what you are giving up and what is negotiable.

No. You are not required to sign a severance agreement immediately, no matter how much pressure you feel in the room. For employees over 40, the federal Older Workers Benefit Protection Act requires that severance agreements waiving age claims provide at least 21 days to consider and 7 days to revoke after signing. For all employees, you have the right to take the agreement home, have it reviewed by an attorney, and negotiate the terms. Many severance agreements presented as final offers are actually negotiable, sometimes substantially.

It varies. Most employment claims start with an administrative charge at the EEOC or the Ohio Civil Rights Commission, which can take six months to over a year before a right-to-sue letter issues. After that, a federal or state court case typically takes another 12 to 24 months from filing to judgment, depending on the complexity of the matter and the court's calendar. The large majority of employment cases settle before trial, often during or after the discovery phase. Pre-litigation resolution through a demand letter is also possible and can be much faster.

For employment law matters, the firm represents Ohio employees throughout the state. Ohio employment claims are governed by Ohio law and federal law applied through Ohio courts and the EEOC, so the practice is focused on Ohio. For Title IX matters, the firm serves clients nationwide because Title IX is a federal statute that applies the same way at every federally funded educational institution in the country.

Title IX

Under the 2020 Title IX regulations, parties have the right to an advisor of their choice, and that advisor does not have to be a lawyer. But a Title IX matter can carry consequences as serious as expulsion, termination, or a permanent record on a transcript. Having an attorney advisor who knows the regulatory framework, understands cross-examination, and can preserve issues for federal court if needed is often a meaningful advantage, especially in higher-stakes matters.

Under the 2020 Title IX regulations, every party has the right to an advisor of their choice, and that advisor can be anyone. Many institutions offer non-attorney advisors, including professors, deans, or trained staff. An attorney advisor brings legal training to the role, including the ability to recognize procedural shortcuts the institution is taking, to challenge evidence handling, to prepare a respondent for cross-examination at a live hearing, and to preserve issues for a federal court lawsuit later if needed. For high-stakes matters (suspension, expulsion, faculty discipline) the difference matters.

First, do not respond to the institution or anyone else (including friends, classmates, or social media) about the substance of the allegations before you talk to an attorney. Anything you say can become part of the record. Second, preserve all communications, including the notice itself and any text messages, emails, or social media communications with the parties involved. Third, retain a Title IX advisor or attorney quickly. Title IX timelines move fast, and the period right after notice is often the most important window for shaping the outcome.

Yes. While the employment law practice focuses on Ohio employees, the Title IX practice is nationwide. The firm serves as advisor to students and employees at colleges and universities in any state, as independent investigator for institutions of any size, and as hearing officer at postsecondary live hearings. Title IX is a federal statute, and the same 2020 Title IX regulations apply at every federally funded institution in the country. If your matter is at a school outside Ohio, the firm can almost always help.

The investigation is the fact-finding phase. An investigator interviews the parties and witnesses, gathers evidence, and prepares an investigative report summarizing what was learned. The hearing is the adjudication phase. At postsecondary institutions under the 2020 regulations, a live hearing is required. The parties' advisors conduct cross-examination of each other's witnesses, the decisionmaker rules on relevance objections, and the decisionmaker (not the investigator) issues the final determination. K-12 institutions are not required to hold live hearings, though some do.

At a postsecondary institution under the 2020 regulations, respondents have several specific procedural rights. These include written notice of the allegations sufficient to prepare a response before any interview, the presumption of non-responsibility, the right to an advisor of choice (which the institution must provide if you do not have one), the right to inspect and review all evidence directly related to the allegations, the right to a live hearing with cross-examination through an advisor, and the right to appeal an adverse determination on enumerated grounds. K-12 procedural rights differ but include notice and the right to participate.

Yes, on enumerated grounds. Under the 2020 regulations, both parties have the right to appeal a determination, a dismissal, or an outcome of informal resolution. Appeals must be based on procedural irregularity that affected the outcome, new evidence not reasonably available at the time of the determination, or a conflict of interest or bias by the Title IX Coordinator, investigator, or decisionmaker that affected the outcome. Some institutions add additional grounds. An appeal is not a chance to relitigate the merits but a check on specific procedural and substantive errors.

Title IX faculty matters proceed through largely the same regulatory framework as student matters, but with additional layers. Faculty respondents may have collectively bargained or contractual procedural protections that supplement the 2020 framework. Employment consequences (suspension, termination, denial of tenure) are often the real stakes alongside reputational and academic ones. The intersection of Title IX procedure with employment law, faculty discipline policies, and tenure protections requires familiarity with all three. The firm regularly advises faculty respondents in proceedings of this type.

Yes. The firm serves as external Title IX investigator and hearing officer for colleges, universities, and K-12 districts nationwide. The firm conducts independent investigations, serves as the hearing officer in live hearings, and advises institutions on Title IX compliance and policy. Institutions retain external resources for high-profile or complex cases, for matters involving conflicts of interest, when internal capacity is constrained, or to insulate decisions from institutional politics.

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