Q: A salaried restaurant manager in Ohio with us being closed due to COVID-19 does my employer still have to pay me?
A:
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 by the Department of Health qualifies you for unemployment compensation, if you are otherwise eligible. In addition, according to the Ohio Department of Jobs and Family Services (ODJFS), Governor DeWine has or will issue an Executive Order that waives the normal, seven day waiting period for coronavirus shutdowns. In other words, if you apply today you should start receiving benefits as of today.
Employers get a break too. According to ODJFS, unemployment compensation payments will not be charged to the account of the employer for health authority ordered coronavirus shutdowns. Instead, such amounts will be "mutualized," or paid by the State of Ohio.
Here is the ODJFS FAQ on coronavirus unemployment compensation benefits:
http://jfs.ohio.gov/ouio/CoronavirusAndUI.stm
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.