Madison, OH asked in Employment Law for Ohio

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 told him that was a violation of my fundamental employment contract he then said " well I need to think about what I am going to do about this take tomorrow off " a couple days later he asked me to meet him at Parana bread and fired me. He also said if I could come up with a number that better works then I could comeback (so clearly I was not a bad employee). I showed this to a couple of attorneys all said retaliation but needed paid up front (I"m on unemployment that is soon to be exhausted and its the only source of income I have and do not have the funds for that) I am confident that he will settle quickly with just a strong letter so he is not seen in a bad way publicly in court.

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2 Lawyer Answers

James J. Hux

Answered
  • Cleveland Heights, OH
  • Licensed in Ohio

A: 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 situation in more detail.

Attorney James J. Hux

Hux Law Firm, LLC

1 user found this answer helpful

Michael Karst

Answered
  • Westlake, OH
  • Licensed in Ohio

A: I am sorry to hear about your experience. To directly answer your question, you may consider filing a charge with the Ohio Civil Rights Commission ("OCRC") for a potential violation of Ohio law. You will find that the OCRC and EEOC are very similar; the OCRC investigates violations of Ohio laws, while the EEOC looks at federal laws. One big difference is that the OCRC will investigate smaller companies - those employing four or more people - compared to the 15 required by the EEOC. That being said, your situation may involve claims other than retaliation such as breach of contract or unjust enrichment if your employer was improperly withholding commissions.

It is a good idea to speak with an attorney about this situation. There are many that may be able to assist you on a contingency fee. Good luck.

1 user found this answer helpful

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