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Ohio Employment Law Questions & Answers
1 Answer | Asked in Employment Law for Ohio on
Q: Is my wife's company breaking the law by not properly compensating her for the job they are requiring her to do?

My wife's job is requiring her to do a job she is not paid to.

They are requiring her to complete lead teacher responsibilities and will not give her the pay raise that goes along with it. they say she does not have the qualifications. She filled in for the former lead teach when she... Read more »

Carrie Dyer
Carrie Dyer answered on Jul 13, 2021

In Ohio, an employer can generally change an employee's job duties and responsibilities at any time for any reason, without any adjustment to compensation. If your wife's employer's practice is violating a term of a Collective Bargaining Agreement, she could contact her union for... Read more »

2 Answers | Asked in Employment Law for Ohio on
Q: In Ohio, am I required to probvide a doctor’s note if I refuse to do a job that I was not hired to do?

I was hired for customer support/call center. For 3 weeks, my manager has had customer support doing warehouse jobs- picking & shipping.

Carrie Dyer
Carrie Dyer answered on Jul 7, 2021

Generally, your employer can change your job description and job duties at any time for any reason, regardless of whether you were hired to do a particular job. However, if there is a medical reason that you cannot complete the job duties of the warehouse position, then you can request an... Read more »

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1 Answer | Asked in Contracts, Medical Malpractice and Employment Law for Ohio on
Q: Can I sue my dr?

I had turned in paperwork for FMLA to my dr at an appointment. I filled everything out on my end and paid the fee to have it done. I was fired from my job of 10 years due to points and the fact that the fmla paperwork didn't get turned in. Before the due date of my paperwork I had called my dr... Read more »

Joseph Jaap
Joseph Jaap answered on Jun 24, 2021

Use the Find a Lawyer tab to retain a local employment law attorney who can review all the facts of the situation and your termination and advise you, and then contact your employer about any violation of FMLA that the employer might have done. That might get your job back.

1 Answer | Asked in Employment Law for Ohio on
Q: Do I qualify to be an exempt salary employee?

I am currently working as a receptionist and I gross $24,000 annually. My boss told me I was salary exempt but I don't believe my compensation or job description qualify me for this. I'm working 60+ hour weeks and would like to know if I'm being taken advantage of. I am also having... Read more »

Rhiannon Herbert
Rhiannon Herbert answered on Jun 23, 2021

In order to be properly classified as an exempt employee, your employer must prove that you meet both a "salary basis" test and a "duties" test. As part of the salary basis test, employees must be paid at least $684.00 per week in order to be paid on a salary basis. Based on... Read more »

1 Answer | Asked in Employment Law for Ohio on
Q: If I worked 2 days and quit, am I supposed to get pay for one or both days?

I quit due to commute issues and other personal reasons and I checked the company payroll app to see how much I’m supposed to get paid but it only says I get paid for one day. Is this correct or should I get in contact with the payroll manager?

Kyle Anderson
Kyle Anderson answered on Jun 17, 2021

Hello, more information is needed here. The company is required to pay you at least the minimum wage for all hours you worked and and time and a half of our hourly wage if you were paid hourly for all hours worked above 40 in a workweek. I would wait to see how much you are paid and then reach out... Read more »

1 Answer | Asked in Employment Law, Personal Injury, Civil Litigation and Civil Rights for Ohio on
Q: My daughter is being harassed by a teacher. Is there a way to get a letter out to make it stop?

The teacher has targeted my daughter on multiple occasions and after having a sit down meeting with her and the principal, how can I get notice to her that legal action will be taken to stop the harassment?

Tim Akpinar
Tim Akpinar answered on Jun 5, 2021

An Ohio attorney could advise best, but your post remains open for two weeks. Such a letter could be possible. If you consulted with an attorney, before writing such a letter, they would probably want to know more about the matter and all the issues involved, as well as protocols followed by the... Read more »

1 Answer | Asked in Car Accidents and Employment Law for Ohio on
Q: I was in a work truck hauling a trailer. I jackknifed the trailer to far and messed up the truck. Who pays damages?

No injuries occurred. I was on the job. Pulling away from a job site.

More clarity on accident : Made a wrong turn out of a house. Went to turn around in a driveway. While backing out the trailer jackknifed to far and hit the bumper messing up the back end a little. Company is trying to... Read more »

Andrew Popp
Andrew Popp answered on May 25, 2021

To a certain extent it depends on the agreement you had with the company. If the crash was due to your actions you may be liable, at least to some extent. You may want to contact your insurance company. Depending on the policy, they will usually pay for the damages. For a definitive answer I... Read more »

1 Answer | Asked in Employment Law for Ohio on
Q: I work for securitas and they have not paid me in almost a month, what do i do?

I have been to the main office i have called the help desk many times and i keep being told there is nothing they can do i have worked here for a few months.... i have bills coming up and am about to lose everything. I need legal help

James J. Hux
James J. Hux answered on May 21, 2021

If you just started, you may have started in the middle of a pay period so your pay may not be processed yet. If that's not the case, you should contact an employment law attorney, like myself and others on Justia, to discuss your case in more detail. Some will offer free initial... Read more »

1 Answer | Asked in Employment Law for Ohio on
Q: I believe that my employer is in violation of HIPPA and discrimination laws. Required to show health card or wear mask.
Matthew Williams
Matthew Williams answered on May 19, 2021

While some people are trying to pursue litigation on these issues, they are very likely to fail. First, it is not unlawful discrimination. Unlawful discrimination involves discriminating against a person solely because of their membership in a protect class like race or religion. The classes are... Read more »

1 Answer | Asked in Employment Discrimination and Employment Law for Ohio on
Q: Is it legal for a employer to have people that got the vaccine stop wearing masks but make the ones who didn't wear them

Wouldn't that fall under discrimination?

Matthew Williams
Matthew Williams answered on May 19, 2021

Discrimination laws are not concerned with the vaccine status of an individual. It is illegal to discriminate against people due to their membership within a protected class such race, sex, or religion. Other forms of discrimination, for example only hiring licensed medical doctors to be hospital... Read more »

1 Answer | Asked in Employment Law and Workers' Compensation for Ohio on
Q: Can I sue for withholding payment and emotional trauma?

I worked as a mortician's assistant for 1 FULL SHIFT (9 am - 5pm). Helped move multiple dead bodies, and after that 1 day, decided I can't handle the stress and sight of the dead rotting bodies. And after that, they are refusing to pay me for my time, even though the director said himself... Read more »

Andrew Popp
Andrew Popp answered on May 13, 2021

Probably not for the emotional trauma. It sounds like what you experienced is within the parameters of your job. In other words, a jury would likely find that you should reasonably have known what to expect. If you worked and they have refused to pay you, then yes, you can sue for the one... Read more »

1 Answer | Asked in Employment Law for Ohio on
Q: Can my employer deny me the right to come back to work due to a medical restriction

I won't be able to lift more than 15 pounds and I work in a gas station

James J. Hux
James J. Hux answered on May 10, 2021

There are some circumstances where a company does not have to accommodate. But they need to still discuss options with you before they just come to that conclusion. You should contact an Ohio employment attorney to discuss your situation in more detail. Some will offer free initial... Read more »

1 Answer | Asked in Employment Law for Ohio on
Q: My company in ohio is says that if we forget to clock out for our 30 minute lunch, they will dock us 1 hour. Is it legal
James J. Hux
James J. Hux answered on May 6, 2021

You would need to discuss with an employment law attorney in more detail to be sure, but this definitely sounds like a wage violation. Please reach out to an employment law attorney as soon as possible to discuss what options you have.

Attorney James J. Hux

Hux Law Firm, LLC

1 Answer | Asked in Employment Law, Arbitration / Mediation Law and Employment Discrimination for Ohio on
Q: Former employer's HR retaliated against me for reporting racism in the workplace. I later quit and HR denied benefits/UI

HR (and other supervisors) refused to do anything about racism in the workplace. They lied about company policy and my ability to resolve the issues on my own. And Later when I quit due to these and other conditions, they denied paying out vacation that I was eligible for and entitled to because... Read more »

Kyle Anderson
Kyle Anderson answered on Apr 28, 2021

Hi, more information is needed here. Complaints about racism in the workplace may be protected under Title VII. I would reach out to an employment law attorney in your state for a consultation.

1 Answer | Asked in Contracts and Employment Law for Ohio on
Q: Can my employer drop my pay within a month if hiring through contract?

Started new job under contract, contract states 24$/hr, boss is threatening to drop it to 23$ for asking questions. Is he allowed to do that?

Joseph Jaap
Joseph Jaap answered on Mar 23, 2021

Nothing stops him from making threats. But if he does breach your contract by reducing your pay, then use the Find a Lawyer tab to retain a local employment attorney to review the contract and all the facts, and advise you of your options.

1 Answer | Asked in Employment Discrimination, Employment Law and Gov & Administrative Law for Ohio on
Q: Can my employer put me on unpaid administrative leave cause another employee lying about me saying I said a curse word

A week prior to being put on unpaid administrative leave my supervisor had asked me if I said the F word at work while I was in a meeting with my union grievance official. I told her no I did not. I worked the whole following week with no issues. Then the next week after that week I was out on FMLA... Read more »

Carrie Dyer
Carrie Dyer answered on Mar 17, 2021

More information is needed to fully analyze your situation. Is your administrative leave paid? You should contact an employment attorney in your area to discuss whether you may have a claim for FMLA interference or FMLA retaliation, depending on what ultimately happens with regard to your... Read more »

1 Answer | Asked in Civil Litigation and Employment Law for Ohio on
Q: Can a business not pay you for hours you worked for their company?

I worked for a home health care company for about a month and they didn’t pay me at all. I had an old traffic violation warrant and went to jail a couple days, but was able to return to work. They claim that since I didn’t turn in my “hard copy” of my hours worked(this is just where I write... Read more »

Nicholas P. Weiss
Nicholas P. Weiss answered on Mar 12, 2021

They are in breach of Ohio wage and hour law. Contact an employment lawyer or file a complaint with the Ohio Department of commerce.

1 Answer | Asked in Employment Law and Small Claims for Ohio on
Q: in the store I work at in ohio theft is rising. Is it legal to decide to use 17 year old stock workers as "security"?

Our store managers decided to use an extra stock worker to act as security and 2 of them were 17 year olds. I need to know if this is illegal.

Matthew Williams
Matthew Williams answered on Mar 8, 2021

https://www.com.ohio.gov/documents/laws_MLLPoster.pdf#:~:text=%22minor%22%20means%20any%20person%20less%20than%2018%20years,compensation%20he%2Fshe%20shall%20receive%20for%20each%20day%2C%20week%2C

1 Answer | Asked in Employment Discrimination and Employment Law for Ohio on
Q: My employer is asking me to take a pay cut but no one else. I’m the only African American there. Is this legal?

I refused a paycut but I feel they may still act on it even though I’ve refused.

Kyle Anderson
Kyle Anderson answered on Mar 3, 2021

Hi, more information is needed here. Has anyone made any comments to you about your race or why you were the only selected for a paycut? I would reach out to an employment law attorney in your state for a consultation.

1 Answer | Asked in Employment Law for Ohio on
Q: Can my employer legally put me on forced sick leave because they won't accept my medical mask exemption?

I submitted a doctor's note for my facemask exemption, but my employer wouldn't accept it and put me on forced sick leave. Is this legal? In the governor's/health department's mask order, there are exemptions in there. What can I do besides sue them, which I don't really want to do? Thank you.

Carrie Dyer
Carrie Dyer answered on Feb 17, 2021

You are correct that you could be exempt from facemask requirements due to a medical condition. However, a full analysis of your situation is necessary to determine whether your employer is violating the law by accommodating you by placing you on sick leave (vs. another accommodation that would... Read more »

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