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Questions Answered by James J. Hux

4 Answers | Asked in Car Accidents for Ohio on

Q: I was given a settlement due to a car accident. Today when I was called in to get my check, I was told I needed to sign

the full settlement check first and they would need to deposit it into their account and wait for it to clear before I would be issued my check. Is this normal?

James J. Hux answered on Aug 24, 2019

Yes, this is normal. Attorneys usually have to deposit the funds into a trust account first to clear. The only way that would not occur would be if the insurance company provided separate checks for everyone with a lien/interest in the settlement amount.

Attorney James J. Hux

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1 Answer | Asked in Employment Law for Ohio on

Q: I gave two week’s notice at my current employer. I have 13 vacation days left and my company doesn’t have a policy on

Paying out unused vacation time upon separation of employment. I live in Ohio. I believe they have to pay it since there is no policy. Correct?

James J. Hux answered on Jul 1, 2019

Unfortunately, that is not the case. Vacation time is not guaranteed to be paid out like wages are. An Ohio employment attorney may be able to help you to recover them though. Some will offer free initial consultations.

Attorney James J. Hux

Hux Law Firm, LLC

2 Answers | Asked in Employment Law for Ohio on

Q: Besides legal aid and EEOC (time expired for legal aid and less than 15 employees so EEOC cant) Who can help me?

My prior employer wrote an employment contract that included a base as well as an $800 per mo draw against future commissions for a (minimum of 18 months) however after less than 6 months he just came to me and said that he was going to do away with the draw against commission all together. When I... Read more »

James J. Hux answered on May 14, 2019

This would likely be more a breach of contract, which the EEOC would not look at. Unless there is some other discrimination occurring that is not mentioned, you would only be able to bring suit in state court. You should speak with an employment law attorney as soon as possible to discuss your... Read more »

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1 Answer | Asked in Employment Law and Workers' Compensation for Ohio on

Q: If my husband injured himself and work and the owner asked him to file it under his personal insurance ?

so there premiums don't go up can they do that.

James J. Hux answered on May 1, 2019

They could ask that, but it is suspicious behavior. That could be seen as attempting to dissuade your husband from workers' compensation, which is illegal. You and your husband should contact an employment law attorney as soon as possible and discuss your claim in more detail. Some will offer... Read more »

1 Answer | Asked in Civil Rights and Employment Law for Ohio on

Q: individual with disability. employer wants me to sign away my rights. How much is reasonable?

ER decided to "end our employment relationship". Currently negotiating separation package. My disability experience with the ER has not been positive & they want me to sign away my rights to talk about them. I don't think that's fair and I think it should have substantial value if I do but I don't... Read more »

James J. Hux answered on Mar 18, 2019

If you believe you have been discriminated against because of your disability, you would probably benefit from speaking with an employment law attorney before accepting any severance agreement. Some attorneys will offer a free initial consultation.

Attorney James J. Hux

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1 Answer | Asked in Employment Discrimination and Employment Law for Ohio on

Q: Can my employer reprimand me, possibly fire me for using approved FMLA days.

James J. Hux answered on Feb 8, 2019

If your employer did so, it could be FMLA retaliation. You should speak with an employment law attorney as soon as possible to discuss your situation in more detail. Some will offer free initial consultations.

Attorney James J Hux

Hux Law Firm LLC

1 Answer | Asked in Employment Law for Ohio on

Q: My employer has fail to release my paycheck to me. I have given my two week notice. they are being very mean

this is going on the second payday that they refuse to pay me

James J. Hux answered on Jan 23, 2019

You should contact an employment law attorney as soon as possible. It is not clear if you already left or not, but your employer should have paid you on the date of the soonest pay period. Some attorneys will offer a free initial consultation.

Attorney James J. Hux

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1 Answer | Asked in Employment Discrimination for Ohio on

Q: How do I find out if I have a case of wrongful termination from my previous employer for Discrimination

James J. Hux answered on Jan 22, 2019

The best way for you to find out is to speak with an employment law attorney about your situation in more detail. Some will offer a free initial consultation.

Attorney James J Hux

Hux Law Firm LLC

2 Answers | Asked in Civil Litigation for Ohio on

Q: Hello I had hired a real estate broker to sell my property. He knew the place and been empty for 2 years.

He turned the water on for inspection(knowing it might have frozen or busted water pipes)He had the water company turn the water on without planning on being there for several hours. There was over $4000 in water damage plus I will have to replace the flooring. Do I have a case? Can he be made to... Read more »

James J. Hux answered on Jan 14, 2019

You could potentially have a case against him based on negligence or a breach of duty. The only way to know for sure is to contact an attorney and discuss your situation in more detail.

Attorney James J. Hux

Hux Law Firm, LLC

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1 Answer | Asked in Employment Law for Ohio on

Q: I/fired/emplyer tried2force me to sit in/room w/over2 months worth of medical waste and threw a bio can at me filed ohsa

my employer like so many talked to me disrespectfully from the beginning but with the At Will law I know they can treat me however they want

In this case the employer had not disposed of medical waste for months and when I wouldn't sit with it threw a bio waste can at me .. Supervisor... Read more »

James J. Hux answered on Jan 12, 2019

Your employer could potentially be fined, but one thing to consider is if your employer terminated you in retaliation for your report. For that, you should contact an employment law attorney to discuss your situation in more detail.

Attorney James J Hux

Hux Law Firm LLC

1 Answer | Asked in Personal Injury for Ohio on

Q: If an employee injuries me due to their own negligence, does that mean the employer is off the hook, liability-wise?

James J. Hux answered on Dec 11, 2018

You could potentially still file a claim for workers' compensation against your employer. You should speak with a workers' compensation attorney to see if you have a viable case.

Attorney James J. Hux

Hux Law Firm, LLC

1 Answer | Asked in Employment Law for Ohio on

Q: I am a salary employee in Ohio. Is my employer allowed to pay me as hourly?

My place of employment just notified everyone they will be closing for less than a week over holidays. I am out of PTO/vacation and was told by HR I will now be paid a hourly wage instead of my weekly salary. My contact states a yearly wage & upon receiving this hourly pay I will be almost $600... Read more »

James J. Hux answered on Dec 10, 2018

You would have to discuss the full details with an attorney, but it could potentially be a breach of contract issue. Some attorneys will offer a free initial consultation.

Attorney James J. Hux

Hux Law Firm, LLC

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