Rhiannon Herbert

Rhiannon Herbert

Mansell Law - Employment Attorney
  • Employment Law, Civil Rights, Appeals & Appellate...
  • Ohio
Badges
Claimed Lawyer ProfileQ&ABlawgsearchSocial Media
Summary

Rhiannon is an employment lawyer in Columbus, Ohio. Rhiannon represents employees in claims for wrongful termination, retaliation, discrimination, unpaid wages, and other issues.

Rhiannon believes early and frequent communication with her clients is essential to effective representation, and she regularly makes herself available by phone, text, or email, including outside normal business hours.

If you want serious representation from an employment attorney Columbus Ohio, contact Rhiannon at Rhiannon@MansellLawLLC.com.

Mansell Law
1457 S High St
Columbus, OH 43207
(614) 610-4134

Practice Areas
  • Employment Law
  • Civil Rights
  • Appeals & Appellate
  • Arbitration & Mediation
Jurisdictions Admitted to Practice
Ohio
Supreme Court of Ohio Office of Attorney Services
ID Number: 0098737
Placeholder image for jurisdictions.
Professional Experience
Attorney
Mansell Law
- Current
Law Clerk
Mansell Law
-
Education
Capital University Law School
J.D. (2019)
-
Capital University Law School Logo
Professional Associations
Ohio State Bar # 0098737
Member
Current
Placeholder image for professional associations.
Publications
Articles & Publications
Coronavirus (COVID-19) and Your Employment
Mansell Law
Wrongful Termination Damages and Settlements
Mansell Law
Ohio Break Laws
Mansell Law, LLC
Ohio Overtime Laws 2020
Mansell Law, LLC
Overtime for Salary Exempt Employees in Ohio
Mansell Law, LLC
Are Non-Compete Agreements Enforceable in Ohio?
Mansell Law, LLC
Are You Eligible for Medical Leave Under the Family and Medical Leave Act (FMLA)?
Mansell Law, LLC
Six Critical Steps to Take Before Filing an Employment Lawsuit
Mansell Law, LLC
Is Job Reassignment a Reasonable Accommodation Under the ADA?
Mansell Law, LLC
Employee vs. Independent Contractor: Which Are You?
Mansell Law, LLC
Should You be Paid for "On-Call" Time?
Mansell Law, LLC
Morrissey v. Laurel Health Care Company: Sixth Circuit Issues Favorable Opinion on Employee's Failure to Accommodate Claim
Mansell Law, LLC
What is a "Reasonable Accommodation" Under the ADA?
Mansell Law, LLC
When Happens to my Job Status if I Take FMLA Leave?
Mansell Law, LLC
When Does Time Clock "Rounding" Violate the Law?
Mansell Law, LLC
"Sleeping Her Way to the Top": How Female Employees May Have a Claim for Sex Discrimination Under Title VII Based on False Rumors About Sleeping with a Supervisor
Mansell Law, LLC
What is a Wrongful Termination in Violation of Public Policy Claim in Ohio?
Mansell Law, LLC
Everything You Need to Know About the Landmark LGBTQ Cases in Front of the Supreme Court Right Now
Mansell Law, LLC
Can an Individual be Liable for Unpaid Wages?
Mansell Law, LLC
Are you protected from discrimination if someone you care for has a disability?
Mansell Law, LLC
Legal Answers
35 Questions Answered

Q. Can my work repeatedly change my weekly schedule in florida?
A: The Fair Labor Standards Act is the federal law governing employee wages, but it doesn't provide much guidance or protection here. Employees are not guaranteed a certain number of hours to work, and the FLSA does not impose any restrictions on the scheduled hours adult employees are permitted to work. While it sounds like these schedule changes are inconvenient, your employer is free to make these changes.
Q. can my employer force me to work 24 hrs. then use my PTO to cover the other 16 hrs. of the 40 hr.week? I am a salaried
A: This depends on whether you performed work on days your employer required you to use your PTO. Under the Fair Labor Standards Act, employers may take deductions from a salary exempt employee's earnings if you are absent from work for one or more FULL days for personal reasons other than sickness or disability. For example, if you are absent from work for one full day, and you typically work 8 hours in a day, your employer may deduct these 8 hours from your pay. However, your employer may NOT take deductions if you were absent from work for less than one full day. For example, if you take the morning off and come in during the afternoon, your employer cannot take any deductions.
Q. I feel discriminated against, my co-worker misses 50% of her scheduled shifts, she does not get reprimanded, I miss 1 dy
A: Whether you have a claim for discrimination under Title VII of the Civil Rights Act of 1964 will depend on WHY you feel you're being discriminated against. If you are being treated differently than other employees based on your race, color, national origin, sex, religion, age (if you're over 40), or disability, then you may have a discrimination claim. If, however, you are being treated unfairly for any other reason (e.g. personality conflict, workplace bullying), then unfortunately, there is no claim here.
Q. If I am hired in as salary can they all the sudden decide to make me hourly instead after almost 8 months?
A: Under the Fair Labor Standards Act, any employee may be paid on an hourly basis, but NOT every employee may be paid on a salary basis. It is possible that your employer misclassified you as a salary exempt employee when you began your employment and has since realized its mistake, but this will depend on the specific job duties you perform. If you worked over 40 hours per workweek in the first eight months of your employment, you may be owed overtime wages.
Q. I complained about gender discrimination at work & it just got worse & my boss emailed my recorded personal calls to
A: You may have a retaliation claim based on your complaint of sex discrimination under Title VII of the Civil Rights Act of 1964. In order to establish this claim, you'll need to prove (1) you complained of sex discrimination, (2) your employer took an adverse action against you, and (3) there is a causal connection between your complaint of sex discrimination and your employer's adverse action taken. You should make a list of all the ways in which your employment "got worse" after you made your complaint; (ex. has your boss made comments about your complaint? Has he docked your pay or demoted you? etc.)
Q. Have been asked to resign or be terminated. Was told it is performance but over exceeded 2019 goals.
A: You may have a claim for age discrimination and/or disability discrimination if your pacemaker has a lasting impact on your ability to perform major life activities. However, you'll likely need more evidence than what you've stated above to support your claims. How old are your supervisors? How old are the rest of the sales people that perform your job? Has anyone made any negative comments to you concerning your age? Age discrimination claims become available once you turn 40, so if everyone you work with is below the age of 40, this will be a helpful fact for you.
Q. Can a Kansas employer use bonuses to make up the required $684 a week required by law to salaried employee?
A: Under the Fair Labor Standards Act, if an employee receives non-discretionary bonuses or other incentive payments at least once per year, then the employer can count those payments towards the employee’s weekly salary to determine whether the salary basis test of at least $684 per week is met. However, there is an important limit to this rule: employers may only use employee bonuses and incentive payments to account for a maximum of 10% of the standard salary level. Thus, employers can only use employee bonuses and incentive payments to account for a maximum of $68.40 per week (10% of the new $684.00 salary threshold). For example, if you make $656 per week and receive a $656 bonus that week, you earn a total of $1,312 that week. However, only $68.40 of your $656 bonus can be counted towards your weekly salary. These rules also only apply on weeks you receive a bonus. If you don't receive a bonus or other incentive payment on any given week, and you only make $656 that week, then your employer has violated the salary basis rules because you do not make at least $684 per week.
Q. Can I sue my boss for wrongful termination?
A: New York is an at-will employment state, meaning your employer can fire you for any reason or no reason at all, as long as the reason is not discriminatory. If you believe these actions were taken against you due to your sex, race, religion, or disability, then you may have a discrimination claim against your employer. Otherwise, there is unfortunately no claim here.
Q. Is this racial harassment or just a dumb comment?
A: If you'd like to pursue something here, your best bet would be a hostile work environment claim based on race. However, establishing such a claim requires proof that the racially discriminatory comments your wife experienced were both severe (in terms of what was said), and pervasive (meaning the comments occurred frequently). One comment, even a severe one, will not be sufficient to establish this claim. Your wife should make and keep a list of any other race-based comments or interactions she has experienced at work in order to pursue such a claim in the future.
Click here to see all answers
Contact & Map
Mansell Law
1457 S High St
Columbus, OH 43207
USA
Telephone: (614) 610-4134