Kyle Anderson

Kyle focuses his practice in a wide range of matters. Such matters include sexual harassment, hostile work environments, discrimination, Family and Medical Leave Act (FMLA) violations, violations under the Fair Credit Reporting Act (FCRA) involving background checks, severance and employment contract reviews and negotiations, wage and hour collective and class actions under the Fair Labor Standards Act and Ohio law, and everything in between. Kyle represents clients in jury trials, arbitrations, unemployment hearings, disciplinary hearings, and hearings and mediations in front of the Equal Employment Opportunity Commission (EEOC).

Kyle grew up in Morral, Ohio. He attended the Fisher College of Business at the Ohio State University where he received his undergraduate degree in Accounting. Kyle received his J.D., magna cum laude, from Capital University Law School. During law school, Kyle participated on the Labor and Employment Moot Court team, was a Research Assistant for a professor at the Law School, received the CALI Award for Employment Law (highest final grade in the class), and externed for the Honorable Judge Algenon L. Marbley in the United States District Court, Southern District of Ohio.

Kyle is passionate about being an Ohio Employment Attorney. If you know you want serious representation, or just have a question about your employment, contact Kyle.

• Employment Law

• Free Consultation
• Credit Cards Accepted
• Contingent Fees
  20-40% in most instances.

Ohio

Supreme Court of Ohio Office of Attorney Services

Associate Attorney

Mansell Law LLC

Current

Capital University Law School

J.D. (2018) | Law

2015 - 2018

Honors: Kyle received his J.D., magna cum laude, from Capital University Law School. During law school, Kyle participated on the Labor and Employment Moot Court team, was a Research Assistant for a professor at the Law School, received the CALI Award for Employment Law (highest final grade in the class), and externed for the Honorable Judge Algenon L. Marbley in the United States District Court, Southern District of Ohio.

Ohio State University - Columbus

B.S. (2015) | Accounting

2010 - 2015

Ohio State Bar # 0097806

Member

Current

Q. I have a question about employment wrongful termination .

19 February 2020

A: Unfortunately, there is very little protection for individuals when it comes to refusal of a drug test. Because you are an at-will employee, an employer may terminate you for any reason, or no reason at all, unless it is an unlawful reason. If you feel as though you were singled out based on your status in a protected class (minority, religion, gender), you may consider reaching out to an employment lawyer in your state for further discussion.

Q. I work for a small business in NJ with less than 25 employees . My wife is about to deliver our first child.

19 February 2020

A: Hi, the federal law governing medical leave, the Family Medical Leave Act ("FMLA") does not require the employer to give you *paid* leave. It protects your job if you take unpaid leave, however. One issue I see is whether or not your employer is covered by the FMLA. You state the employer has less than 25 employees, and the FMLA requires 50 employees within a 75 mile radius to be covered under its protection. You may want to reach out to an employment lawyer in NJ to see if there is a state statute that provides greater protection.

Q. I was terminated after 9 months, employer stated I was not qualified. I had to complete presentations & pre-employment

12 February 2020

A: Generally speaking, you are working in an "at-will" state which means an employer may terminate you for any reason or no reason at all. Unless the termination was based on your membership in a protected class or you engaging in a protected activity, you likely do not have any recourse. I would file for unemployment and start looking for other employment. Best of luck moving forward.

Q. If I put on an employment contract the amount of an annual salary, am I obligated to pay that even if the employment

12 February 2020

A: Depends on how the contract is written. Does the contract set a specific duration of time for which the employee will be employed under the contract? I would reach out to an Employment Lawyer in your state to go over the employment contract you are offering. I recommend having an understanding of what your obligations under the contract are before continuing to offer it to prospective employees.

Q. My employer won't pay out earned vacation time I requested before terminating my employment.

6 February 2020

A: Florida may be different, but in Ohio, vacation pay is not a gift or gratuity. It is a deferred payment of an earned benefit. In Ohio, courts have enforced company policies regarding the payment or personal or vacation time upon termination of employment. Depending on how much vacation you are owed, it may be worth it to set up a consultation with an employment law attorney in Florida to discuss your options. I am not familiar with Florida state law on this issue.

Q. Is there a law against paying employees less than their normal wage when they work their normal hours?

6 February 2020

A: In most cases, the law only requires an employer to pay minimum wage and overtime (for hours worked over 40 in a workweek).

Q. Can an employer not pay you for hours you’ve already worked, because they feel as if the job wasn’t done properly?

30 January 2020

A: I agree with Mr. Eisenberg. Typically, an employer must pay an employee for all hours worked and cannot make deductions based on the quality of the work. However, if the deducted pay still keeps her above the minimum wage rate (calculated by dividing her total compensation by the hours worked for that week) in your state, she will not be able to recover from a legal standpoint. Please reach out to an Employment Law Attorney for a full evaluation.

Q. Do I have a discrimination and slander in the work place I'm being told that the managers is talking about me and said

30 January 2020

A: Hi. Your situation sounds like what may be categorized as "sex plus" discrimination. Courts have used this term to describe situations where the employer discriminates against a subclass of women, such as women with care-giving responsibilities. I would reach out to an Employment Law Attorney in your state for a case evaluation.

Q. I believe I was wrongfully terminated and wrongfully denied my earned PTO pay upon leaving. Do I have a case?

27 January 2020

A: Hi, the FMLA is a complex area of law and more facts are needed to fully evaluate your situation. Please reach out to an employment law attorney in Ohio.