Mark W. Biggerman, Attorney at Law Mark W. Biggerman, Attorney at Law 2026-06-21T03:40:00Z https://www.mblegal.com/feed/atom/ WordPress /wp-content/uploads/sites/1304228/2025/09/cropped-mbiggerman-siteicon-512px-32x32.jpg On Behalf of Mark W. Biggerman, Attorney at Law <![CDATA[Invisible disabilities in the workplace]]> https://www.mblegal.com/?p=47738 2026-06-21T03:40:00Z 2026-06-21T03:40:00Z Understanding hidden conditions and employee rights Invisible disabilities include a wide range of physical, neurological and mental health conditions that may not be obvious during everyday interactions. Examples can include:
  • Autism
  • Anxiety disorders
  • Depression
  • Chronic pain disorders
Although these conditions and many others may not be visible, they can still affect an individual's ability to perform certain job duties or navigate workplace expectations in ways that someone without an invisible disability might be able to. Employees with invisible disabilities are often protected by federal and state anti-discrimination laws. Under the Americans with Disabilities Act (ADA), qualified employees may be entitled to reasonable accommodations that help them perform essential job functions. Depending on the circumstances, accommodations may include modified work schedules, remote work options or adjustments to workplace policies. Employers generally must engage in an interactive process to make appropriate accommodations when requested. Unfortunately, workplace discrimination can still occur when employers or coworkers make assumptions about a person's abilities, medical condition or need for accommodations. Some employees may hesitate to disclose a disability out of concern that they will be treated differently or overlooked for advancement opportunities. When workers experience unfair treatment because of a disability, legal protections can provide options for addressing the situation and protecting their rights. Employees who believe they have faced disability-related discrimination can benefit from seeking guidance about their legal options. Speaking with an experienced legal professional can help clarify available protections and determine the most appropriate path forward.]]> On Behalf of Mark W. Biggerman, Attorney at Law <![CDATA[Has a landlord resisted attempts to pivot a struggling business?]]> https://www.mblegal.com/?p=47737 2026-06-08T18:54:31Z 2026-06-08T18:54:31Z Does a lease include a use clause? Landlords sometimes require that commercial tenants disclose the specific function the company performs. In scenarios where the lease describes the type of business, it may also require the tenant to adhere to that specific business model in a use clause. Commercial leases may require renegotiation in cases where tenants intend to perform different functions than the business concept outlined in the lease. In some cases, landlords may not cooperate with that process. Their adherence to the lease as written may leave tenants unable to adjust business functions and at risk of continued insolvency. Understanding how commercial leases might affect business operations and limit attempts to rebrand can help those who seek to rebuild a business or may help tenants avoid signing unfavorably restrictive leases in the first place. Business tenants can benefit from legal guidance in reviewing a lease, negotiating with a landlord or finding ways to pivot company operations that do not violate a lease’s use clause.]]> On Behalf of Mark W. Biggerman, Attorney at Law <![CDATA[What should employees know about retention bonus agreements?]]> https://www.mblegal.com/?p=47729 2026-05-26T14:16:55Z 2026-05-26T14:16:55Z Employees are sometimes approached with contracts that provide them with specific benefits for certain actions. One of these is a retention bonus agreement, which is a contract that offers an employee extra compensation for remaining with the employer through a specific time period or event.  It’s common for a retention bonus agreement to be presented as part of a merger, acquisition, leadership changes or major projects. Some employers recognize the value of having trusted and key employees in place throughout these types of turbulent situations. 

Terms must be outlined clearly

An employee who’s presented with a retention bonus agreement may focus heavily on the amount of the bonus, but that’s not the only thing they should review. They should also look at the specific terms that are tied to the bonus. These should be as clear as possible so there’s no ambiguity about what’s required for the employee to receive the bonus.  The agreement should outline the amount of the bonus, the retention dates, and the bonus payment date. Some contracts may have installments of the bonus as specific milestones, but others offer a lump sum at the end of the retention period.  Another important clause has to do with ending employment. The agreement should clearly spell out what happens if the employee voluntarily quits or is terminated. How terminations without cause and with cause are handled should each be outlined.  These agreements can be complex, so it’s often best for employees to have someone help them to review the terms. They should not sign the agreement until they’re completely certain they understand the exact terms included. ]]> On Behalf of Mark W. Biggerman, Attorney at Law <![CDATA[Why do many LGBTQ+ employees never report discrimination?]]> https://www.mblegal.com/?p=47725 2026-05-12T10:07:16Z 2026-05-12T10:07:16Z Work is supposed to be a place of stability and opportunity. Yet for some LGBTQ+ workers, even small interactions in the workplace can carry stress, uncertainty, and fear. Discrimination is not always obvious or as dramatic as it may appear on screen. Sometimes it appears through exclusion, repeated comments or subtle behavior that slowly creates a hostile environment over time.

The silence behind workplace discrimination

Studies show that 47% of LGBTQ+ workers have experienced discrimination or harassment at work. Many employees stay silent because they fear retaliation. Reporting discrimination may feel risky when someone depends on their job for financial security. Some workers worry they may be passed over for promotions, receive harsher treatment from management or even lose their position entirely after speaking up. Workplace isolation can make the situation feel even more difficult. Employees who already feel ostracized from coworkers may fear becoming further excluded if they file a complaint. In some workplaces, there may be no visible support system, no openly LGBTQ+ leadership or no confidence that human resources will handle their concerns fairly. When employees feel alone, remaining silent can seem safer than drawing attention to themselves. The emotional toll of discrimination also prevents many people from coming forward. Constant stress, anxiety and fear of conflict can leave workers feeling emotionally exhausted before they ever consider making a formal report. Some individuals may even question whether what they experienced was “serious enough” to justify speaking up, especially if the behavior was subtle or repeated over time rather than one major incident. Working through these issues alone can make anyone feel isolated. Seeking legal guidance can help individuals better understand their rights and give them the confidence to push back against unfair treatment in the workplace. ]]> On Behalf of Mark W. Biggerman, Attorney at Law <![CDATA[3 potential examples of wage theft]]> https://www.mblegal.com/?p=47724 2026-04-24T21:52:15Z 2026-04-24T21:52:15Z Wage theft happens when workers are not paid properly, and their wages are essentially taken by their employer. This is sometimes done intentionally, but it can also be the result of a miscommunication or an oversight. Either way, it is important for employees to know how wage theft occurs. This helps them understand what red flags to look for and what steps they can take to rectify the situation. Below are three examples.

Failing to pay overtime

Employees must be paid at the proper rate for overtime hours. If an employee works overtime and is only paid their standard rate, even though they are receiving some compensation for their time, it is still an example of wage theft. A related issue is when employees are misclassified by their employer intentionally to avoid making overtime payments.

Failing to provide final paychecks

In some cases, wage theft happens when an employee leaves their job. They are owed a final paycheck and have already logged those hours, but the employer never issues the payment. This can be a complicated issue to resolve because the employee no longer works at the business.

Taking all or a portion of tips

Finally, when employees receive tips for their work, they are entitled to keep those tips. Employers cannot simply take all or part of the tips for themselves, whether they are left in cash or on a credit card. If a tip pool is used, the employer cannot include themselves in the pool.

Taking legal action

Do you believe you have experienced wage theft that means you have not been paid properly? If so, take the time to carefully consider your legal options and your rights.  ]]> On Behalf of Mark W. Biggerman, Attorney at Law <![CDATA[This simple contract inclusion can limit unnecessary lawsuits]]> https://www.mblegal.com/?p=47723 2026-04-05T23:51:01Z 2026-04-05T23:51:01Z Seek alternative dispute resolution before litigation The inclusion of alternative dispute resolution clauses is a common practice for modern businesses. Alternative dispute resolution usually requires working with a neutral party to settle a disagreement. Employers sometimes require that employees agree to settle disputes outside of the judicial system. Companies doing business with one another or hiring service providers may also integrate alternative dispute resolution clauses into their contracts. Some go so far as to mandate either mediation or arbitration, but giving the other party the option to choose is common. The nature of the contract can influence the best approach to promoting a peaceful and private resolution with contract terms. Working with an attorney to create custom contracts can go a long way toward preventing disputes and limiting the likelihood of disputes snowballing into business lawsuits. The terms included in contracts set the stage for successful working relationships and can even address conflicts before they arise.]]> On Behalf of Mark W. Biggerman, Attorney at Law <![CDATA[When does workplace disciplinary action become illegal?]]> https://www.mblegal.com/?p=47722 2026-03-23T14:46:33Z 2026-03-23T14:46:33Z When an employee violates company policies, they typically face disciplinary action. This can be a verbal/written warning, for instance, when addressing poor performance. Or it can be a suspension, demotion or termination for serious infractions, such as safety breaches, continuous underperformance or theft.  An employer is not required to provide a reason for disciplinary action against non-contracted employees since Ohio is an at-will employment state. However, an employee may have a legal claim if the action is based on discrimination or retaliation for engaging in protected activity. This can happen if:

They are punished more severely 

It’s unlawful for an employer to punish an employee more severely than others for the same infraction because of the employee’s identity attribute, such as age, race, religion or gender. For example, when they are suspended, while others are given a warning. You should also be concerned if you are severely punished for a first-time minor offense. Although many companies use progressive discipline, they are not legally required to do so. Nonetheless, some disciplinary actions for a first-time offense can stem from discrimination against an employee, especially when others have been treated differently in the same circumstances.

There is no evidence

It’s crucial for an employer to gather evidence before taking action against an employee. Disciplining an employee based on rumors or suspicion can lead to unlawful decisions.

There are procedural errors

Companies usually have procedures for implementing disciplinary action. It can be a violation of company policy when an employee is suspended or dismissed without observing any established protocol. This breach of contract may be a discriminatory decision or retaliation.  For example, skipping warnings, denying an employee the right to union representation or not allowing an appeal. It’s unlawful for an employer to implement an unfair disciplinary action because of discriminatory or retaliatory reasons. If this happened to you, get more information to understand your case and determine the best way forward. ]]> On Behalf of Mark W. Biggerman, Attorney at Law <![CDATA[Using litigation to protect a company’s intellectual property]]> https://www.mblegal.com/?p=47717 2026-03-05T21:58:31Z 2026-03-05T21:58:31Z People who own and operate companies may need to go to court to defend their organizations. Business litigation can help enforce contracts. It can also address unfair competition. In some cases, business leaders may need to take legal action to protect a company's intellectual property.  Businesses may have copyrighted original works that they licensed from creators or paid creative professionals to generate. Companies may register trademarks for images or logos that serve as a visual representation of the brand. Some companies prosecute patents to offer products that no other business can duplicate.  They may also have trade secrets that give the company a competitive advantage. Business leaders with proof of intellectual property infringement may need to file a lawsuit against the infringing party. 

Infringement affects business prospects

Intellectual property infringement can harm a business's finances. In some cases, infringement can diminish a company's market share by allowing competitors to duplicate a patented product or confuse consumers by misusing a trademark.  Other times, copyright infringement could make it difficult for an organization to continue to monetize creative works. Even trade secret infringement can affect a company's competitiveness and profit margins.  When there is evidence of intellectual property infringement and the impact it has had on an organization, a lawsuit can help address the issue. The courts can issue injunctions to prevent additional infringement. A judge may also award damages if there is evidence of the infringement causing economic harm.  Reviewing potential intellectual property violations with a legal professional can help business leaders protect their company's most valuable resources. Business litigation often plays an important role in ending intellectual property infringement. ]]> On Behalf of Mark W. Biggerman, Attorney at Law <![CDATA[Do employees have protection from off-site sexual harassment?]]> https://www.mblegal.com/?p=47716 2026-03-04T02:19:51Z 2026-03-04T02:19:51Z Alcohol is often a factor A weekend’s team-building event may involve time spent together in the bar at night as important as the daytime activities. Wining and dining an important client over lunch may be part of the company’s sales strategy. And when it comes to the holiday party, many employees would refuse to attend if there were not at least some free alcohol available. People often feel less inhibited when they are away from the office, and even more so after consuming alcohol. This can cause them to do and say things that they would know better than to try when in their usual workplace or when sober.

Why it needs to be reported

If you go to your employer with a complaint about what one of your colleagues or someone in a senior position did or said to you during an off-site event, they may try to tell you that it’s not their responsibility. That is not how the law sees it, however. Having to go back to work with this person will likely be an unpleasant experience for you, and can make for what is known in employment law terms as a “hostile work environment”. Whether someone harasses you in or out of work, it can still make going to work uncomfortable, and the law expects employers to maintain a working environment where all employees feel safe. Many people do not realize that employers have a duty to investigate and respond appropriately to complaints about employee sexual harassment even if it occurs outside the workplace, so they don’t report it. If you do report it, but nothing is done or you face retaliation as a result, it can help to get experienced legal guidance to review your options.]]> On Behalf of Mark W. Biggerman, Attorney at Law <![CDATA[What constitutes employer retaliation?]]> https://www.mblegal.com/?p=47714 2026-02-16T01:18:17Z 2026-02-16T01:18:17Z Harassment and discrimination lawsuits brought by employees often focus on the acts of specific coworkers or managers. A substantial percentage of discrimination and harassment lawsuits involve allegations of retaliation.  The affected worker claims that the company punished them for reporting their concerns instead of taking appropriate action. Retaliation against workers also violates state and federal employment statutes.  What types of conduct should employees watch out for when engaging in protected activities, such as reporting harassment on the job? 

Retaliation can involve any kind of punitive action

Some cases of retaliation are relatively clear-cut. An employer refuses to investigate a claim of harassment after a worker notifies human resources about their concerns. Within a week or two, that worker suddenly loses their job, possibly without a specific justification for their termination.  However, employers are often more subtle in how they retaliate. Managers and human resources professionals may start developing a case against a worker. They may write the worker up or initiate progressive discipline over minor issues. If the company starts enforcing rules that management previously ignored or disciplines one worker more harshly than their teammates, that can be a warning sign of retaliation.  Unfavorable transfers are another common form of retaliation. Companies usually need to separate workers after claims of harassment or discrimination. Choosing to move the reporting employee to a less-favorable position or a lower-paid role in the company could also constitute retaliation. Allowing information about a worker’s complaints or an investigation to leak to teammates could result in an employee enduring a hostile work environment, which could also constitute unlawful retaliation.  Workers facing punitive actions after engaging in protected activities may have grounds for a workplace retaliation lawsuit. Discussing company misconduct with an attorney can help recently-terminated workers understand their options. ]]>