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Wage and Hour Litigation Lawyer: A Guide to Wage and Hour Litigation in Ohio

wage and hour litigation lawyer

Are you an Ohio employee who is paid sub-minimum wages or deprived of overtime pay by your employer? If so, you have the right to take legal action against them for violating state and federal labor laws. An experienced wage and hour litigation lawyer can help you file a lawsuit against your employer and recover the unpaid wages that you are owed.

In this article, we take a look at the steps involved in filing an unpaid wages lawsuit against your employer.

Consulting With a Wage and Hour Litigation Lawyer

If you suspect that your employer is violating state or federal labor laws, you should contact an employment law attorney immediately. Wage and hour claims in Ohio need to be filed within a time limit of two years. So the sooner you contact an attorney, the higher are your chances of recovering the unpaid wages you are owed.

Sending a Pre-Suit Demand Letter to the Employer

Once your wage and hour litigation lawyer has evaluated the merits of your case, they will send a pre-suit demand letter to your employer to discuss the possibility of a negotiated settlement.

If your employer is open to the idea of an out-of-court settlement, they will respond to the letter, at which point your lawyer will negotiate with your employer’s lawyer and try to recover the wages you are owed.

If, on the other hand, your employer does not respond or if they are not willing to pay the compensawage and hour litigation lawyertion you deserve, your lawyer will decide to file a wage and hour violation lawsuit against them.

Filing the Lawsuit

Depending on the violations committed by your employer, your wage and hour litigation lawyer might choose to file the lawsuit in a federal court or a state court. It can be a private lawsuit (which is filed on your behalf) or a collective action or class action lawsuit (which is filed on behalf of a group of employees – including yourself – who have been underpaid by your employer).


It is during this stage that your employer will find out what kind of evidence you have against them. You too can take a look at the evidence your employer has to defend themselves. You might be required to provide your testimony as well.


It is common for employers to settle a case after a lawsuit is filed. If they believe that you have sufficient evidence to prove their violations, they might not want to drag it out in court and decide to settle it quickly. If they refuse to do so, your case will go to trial.


This is the final stage of an unpaid wages lawsuit in Ohio. Your wage and hour litigation lawyer and your employer’s lawyer will present their evidence and make their arguments before a judge or a jury. Based on the evidence, the judge or jury will give a verdict.

Need an Experienced Wage and Hour Litigation Lawyer to Represent You?

Getting shortchanged by your employer can be incredibly frustrating, but there are legal means available to recover the wages you are owed. The wage and hour attorneys at Scott & Winters can file a claim against your employer and recover the unpaid/lost wages through negotiated settlement or litigation.

To find out how our wage and hour attorneys can help you, call us today at 216-912-2221 or contact us online for a free review of your case.

Categories: Ohio Wage Law

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