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Questions Answered by Neil Klingshirn
1 Answer | Asked in Employment Law for Ohio on
Q: Can my employer say I resigned due to a change in my availability?

My availability recently changed from working 31 hours a week to now I am only able to work Saturdays while I agreed to care for my niece at home during the week. I am not her primary caretaking. My employer recently asked if we would have any restrictions to our schedules when we reopened after... Read more »

Neil Klingshirn
Neil Klingshirn answered on May 22, 2020

The real question is whether your employer had an obligation to continue your employment for Saturdays only and, if not and she decides to employ someone else, whether you have any rights as a result of her ending of the employment.

If you are an employee at will, which you probably are,...
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1 Answer | Asked in Employment Law for Ohio on
Q: I am a part-time OT working in a SNF in Ohio. I have 6y of exemplary work history with the same company. I am also

currently a full-time graduate student. My sons school closed and my child care provider is closed. I requested 2 weeks leave to care for my son and find alternative childcare. There are other OTs available to cover my caseload until I can return. My employer threatened to report me to state for... Read more »

Neil Klingshirn
Neil Klingshirn answered on Apr 6, 2020

Under the new Paid Sick Leave Act and Emergency Paid Family and Medical Leave Act you should be eligible for paid time off to care for your son while his school is closed and no caregiver is available. Your employer can pay for the paid leave with a tax credit. In addition, your employer cannot... Read more »

1 Answer | Asked in Employment Law for Ohio on
Q: Is there an OSHA or PERRP policy that during a pandemic, a Doctor's note is not required for sick time?
Neil Klingshirn
Neil Klingshirn answered on Mar 28, 2020

No.

The Coronavirus Paid Sick Leave Act requires employers to pay for sick leave and it has its own certification rules. Therefore, if you miss work for a coronavirus related reason, the Paid Sick Leave Act might dictate the documentation that you need to provide to get government...
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1 Answer | Asked in Employment Discrimination and Employment Law for Ohio on
Q: A salaried restaurant manager in Ohio with us being closed due to COVID-19 does my employer still have to pay me?
Neil Klingshirn
Neil Klingshirn answered on Mar 17, 2020

In a word, no. Ohio employment at will law says that, absent an agreement otherwise, an employer has no obligation to pay an employee after terminating the employment other than paying the employee for work done up to that point.

However, loss of work due to a coronavirus shutdown ordered...
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1 Answer | Asked in Employment Law for Ohio on
Q: Can someone file a 1099 on me without any information because I work for cash for him and that was not our agreement

I work for someone for cash we had a falling out he decided he was going to send me a 1099 form can he legally do that

Neil Klingshirn
Neil Klingshirn answered on Jan 29, 2020

Your employer has an obligation to report your income to the IRS. You cannot agree with your employer to keep secret the money you earn.

If you are an independent contractor, your employer should report your income to the IRS on a 1099. If you are an employee, your employer should report...
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3 Answers | Asked in Employment Law for Ohio on
Q: Unpaid work/hours at a job. Is it legal

They give us 12 hours of work to finish in 8, but only pay for 10. The extra 2 is straight pay, and not overtime, is it legal?

Neil Klingshirn
Neil Klingshirn answered on Jan 15, 2020

It depends on whether they do that every day for the week.

Overtime is paid by the week. If you work over 40 hours in a week and you are not exempt from overtime, your employer must pay 1.5 times your regular rate of pay. If you work 10 hours a day for five days a week, you are entitled to...
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4 Answers | Asked in Employment Law for Ohio on
Q: Can my employer request me to come in 15 min early and not pay me? I have done this for 5 years with out fail.

Also if they have to pay me, will it be considered overtime?

Neil Klingshirn
Neil Klingshirn answered on Jan 9, 2020

You may have a claim for breach of contract with your employer. The contract was to pay you $X per hour for each hour worked. If you and your employer intended that this included the early 15 minutes, then once you work those minutes you are entitled to payment for them. If, on the other hand, you... Read more »

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2 Answers | Asked in Employment Law for Ohio on
Q: Can an employer of an hourly employee contact an employees doctor in order to dictate or change a doctors slip?

Hourly employee has an added break for stress management. Leadman and company nurse having a pissung contest about smoking while on said break. Company called Dr to modify Dr note to include break is not meant for smoking. I understand its a minor thing, but what if?

Neil Klingshirn
Neil Klingshirn answered on Jan 8, 2020

The Americans with Disabilities Act and the Family and Medical Leave Act restrict an employer's access to employee medical records and information from the employee's treatment providers. As a result, employers are generally limited to seeking clarifications of a doctor's orders.... Read more »

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2 Answers | Asked in Business Law for Ohio on
Q: In Ohio, our LLC has no operating agreement, how are votes figured and do you need majority or unanimous?
Neil Klingshirn
Neil Klingshirn answered on Nov 14, 2019

Unless changed by an Operating Agreement, which you don't have, Ohio limited liability companies makes operating decisions by a vote of a majority of their membership interests. Membership interests are the percentage of ownership that each member owns. Here is a link to ORC 1705, Ohio's... Read more »

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1 Answer | Asked in Business Formation, Business Law and Contracts for Ohio on
Q: Hello I am helping my friend out with his single member LLC and we want to add me as a member. What steps would we tak
Neil Klingshirn
Neil Klingshirn answered on Jan 27, 2019

First, you and your friend should each consult your own attorney. Becoming a member of a limited liability company is economically similar to becoming a partner in a business. You will have rights and responsibilities with respect to your friend and should know what they are and whether you are... Read more »

1 Answer | Asked in Employment Law for Ohio on
Q: Can a company keep your vested amounts in a nonqualified deferred compensation plan after seperation?
Neil Klingshirn
Neil Klingshirn answered on Jan 13, 2019

Anybody can do anything they want, but there may be consequences. The better question is whether you can recover your vested deferred compensation if your employer wants to keep it for itself.

If the deferred compensation program is covered by ERISA, you have a remedy under Section 510 of...
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1 Answer | Asked in Employment Law, Civil Litigation, Employment Discrimination and Sexual Harassment for Ohio on
Q: Should i Bring a sexual Discrimination lawsuit against my employer?

Im a woman, i currently work for my employer 3years in Akron Ohio, I asked the kitchen manager if i could transfer to the kitchen. His instant reply, very loudly, in front of multiple people was "No! Absolutely Not! You'll only F**K all my guys back there, thats the only reason you want... Read more »

Neil Klingshirn
Neil Klingshirn answered on Jan 13, 2019

Every case is different, so the best course is to get advice specific to your situation. That said, as a general rule you should evaluate the strength of the evidence for your claim, the amount of damages you could recover and the costs you will incur to recover those damages.

Here, your...
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