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Ohio Employment Discrimination Questions & Answers
0 Answers | Asked in Criminal Law, Employment Law, Workers' Compensation and Employment Discrimination for Ohio on
Q: Is it trespassing if I never was notified, verbally or otherwise, I wasn't allowed back to a place of employment?

I was fired from a place, wrongfully after being treated poorly and they gave the excuse of time theft, and have messages from my manager saying I still had tips at the store and I went back to get them but apparently I'm not allowed to enter the store anymore. I was never notified of this and... View More

0 Answers | Asked in Employment Discrimination and Employment Law for Ohio on
Q: Can my employer discipline me for something outside of work

I had a scheduled day off from work at United Parcel Service for doctor appointments at my local VA outpatient clinic. When I walked over to the common/waiting area a supervisor said " hey aren't you supposed to be at work?" I responded "hey what's up" and sat down.... View More

1 Answer | Asked in Employment Law, Employment Discrimination and Sexual Harassment for Ohio on
Q: Can I sue an attorney I worked for that blatantly sexually harassed me on a daily basis? It was in 2019-2020.

I do realize that I have proof of it. Also, I have been seeing a therapist, and it has come to light that many of my anxiety issues are related to this abuse. I was not the only paralegal he abused either.

Neil Klingshirn
Neil Klingshirn
answered on Oct 5, 2023

The statute of limitations in Ohio for sexual harassment that occurred before April of 2021 is six years, so you can still pursue a claim. The statute of limitations under federal law (Title VII of the 1964 Civil Rights Act) is 300 days.

1 Answer | Asked in Business Law, Civil Litigation and Employment Discrimination for Ohio on
Q: What are the negative consequences of settling out a discrimination case against my small business? (barring publicity)

I had an upcoming scheduled deposition on a case that was a guaranteed win. The plaintiff's attorney knew this and did not want to go to trial or come out of his pocket any further. He has simply been trying to get me to spend enough that settling is the better option.

I am not... View More

Bruce Martin Broyles
Bruce Martin Broyles
answered on Sep 26, 2023

You should immediately settle for the $2,000 if that offer is still on the table. It will cost you much more than $2,000 to defend the matter at trial. If Plaintiff recovers any amount of a judgment, he will be awarded attorney fees under employment discrimination fee shifting provisions. Most... View More

1 Answer | Asked in Employment Discrimination and Employment Law for Ohio on
Q: If I don't get overtime till 55 hours weekly, can I be forced to work 6 days a week?

Im a desiel mechanic and my company took away overtime after 40 hours sometime last year. Now we must work 55 hours before overtime. They are now requiring that we work 6 days out of the week. Is this legal even though I'm not making overtime until I reach 55 hours?

T. Augustus Claus
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answered on Jul 24, 2023

If they are not paying you overtime until you reach 55 hours, this could violate federal and state overtime laws.

2 Answers | Asked in Employment Discrimination, Employment Law and Health Care Law for Ohio on
Q: Hipa Law discrimination

put on a Safety Hold due to medical reasons . I am a Truck Driver

Maurice Mandel II
Maurice Mandel II
answered on Jul 10, 2023

Your medical condition could constitute a physical disability for which you are entitled to a reasonable accommodation. HOWEVER- the employer does not have to accommodate the condition if you remain a danger to yourself or others, with or without the accommodation. Blind people cannot be... View More

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Q: If my job doesn't initially test for THC but than an accident occurs and THC comes up is it legal terminate/suspend you?

Basically we don't initially get drug tested for THC until an accident occurs and if THC comes up they either terminate you or fire you depending on who you are is this legal?

Nicholas P. Weiss
Nicholas P. Weiss
answered on Jun 8, 2023

Yes. Ohio employers may terminate for THC in your system. There are no protections for employees in Ohio for use of marijuana, even medical marijuana.

1 Answer | Asked in Employment Law, Employment Discrimination and Sexual Harassment for Ohio on
Q: What should I do if I'm witnessing sexual harrasment at my job? The HR department knows, but it hasn't stopped.

My brother was fired from my current employer that my Father, and I still work at. This lead to a series of events of discrimination, ultimately people treating me poorly. Then, this lead to sexual harrasment that has been reported to the HR department, but the harrasment has not stopped. First it... View More

Maurice Mandel II
Maurice Mandel II
answered on May 24, 2023

There are Federal laws and state laws prohibiting Sexual Harassment in employment. You said you are being harassed by both a man and woman, but you haven't described how you think this is sexual in nature. Are they asking you for sexual favors? And your father too? Not all harassment is... View More

1 Answer | Asked in Employment Discrimination and Employment Law for Ohio on
Q: Kroger fired me following a panic attack (CPTSD) after a coworker yelled at me, can I sue?

Hello. I began working at a Kroger factory in October last year. In November, i had a panic attack due to a coworker yelling at me, and I have CPSTD, and being yelled at or facing aggression of any kind sends me into panic attacks. That day, the supervisor sent me home. Before that, she told me... View More

Cynthia Pietrucha
Cynthia Pietrucha
answered on Jan 24, 2023

Sorry to hear about your experiences. Under federal law (the ADA) you would have to prove that the employer knew you had these disabilities and that you were fired because of these disabilities. You carry the burden to prove your case. If you worked in Ohio, you should locate a local employment... View More

1 Answer | Asked in Employment Discrimination, Employment Law and Workers' Compensation for Ohio on
Q: Am I eligible for workmans comp benefits if I suffer PTSD due to an incident that happened while I was at work?

I am a teacher for a head start program. As part of my job I am required to conduct Home visits at families residences. During one of my visits in August of 2022 there was a man shot and killed 50 ft from me. I heard the shots and once police came I went to the front door and saw the body right... View More

James Monast
James Monast
answered on Dec 29, 2022

Ohio does not recognize workers' compensation claims for psychological conditions alone; they must be associated with a physical injury you sustain. Other states recognize these claims but not Ohio. You would have to sustain a physical injury, even a minor one, before the psychological... View More

1 Answer | Asked in Employment Discrimination for Ohio on
Q: Need an attorney for employment discrimination I got like 50 days to file lawsuit and the federal court EEOC gave me my
Matthew Williams
Matthew Williams
answered on Dec 23, 2022

If the folks at the EEOC gave you your walking papers, which are called "notice of right to sue," you will trouble finding a lawyer to take the case unless you pay upfront. If they thought you had a good case, the EEOC would have kept it.

1 Answer | Asked in Cannabis & Marijuana Law, Employment Discrimination and Employment Law for Ohio on
Q: If you live in ohio but work in pennsylvania do you get the medical cannibis discrimination protections as pennsylvania?

Someone who lives in PA gets protections from being fired if they have a medical card. But Ohio doesn't have any of that.

So if I live in Ohio but work in PA would I not get these protections because I live in Ohio and have an Ohio medical card?

Nicholas P. Weiss
Nicholas P. Weiss
answered on Sep 16, 2022

No. Pennsylvania law applies to Pennsylvania companies. They would not be able to terminate so long as you are in compliance with Pennsylvania's medical marijuana laws.

1 Answer | Asked in Employment Discrimination and Employment Law for Ohio on
Q: I faced discrimination and got fired while having covid do I have a case

I started a new job Jan 3rd and had faced multiple comments from my boss about me bieng left handed all of witch are video recorded on cameras that have sound but would require a warrant to get I tested positive for covid on the 19th and my boss said that I would be out for 10 days I called in... View More

Rebecca Hill
Rebecca Hill
answered on Feb 3, 2022

Under both Federal and Ohio it is unlawful for employers to discriminate against employees based on their membership in a "protected class" such as their gender, race, religion, nationality ect. Being left or right handed is not a "protected class." Although your employer's... View More

1 Answer | Asked in Employment Discrimination and Employment Law for Ohio on
Q: Can an employer hire and promote a candidate for management over immediate family members in Ohio?

I was let go from a position this week without any warning or documentation. Later that day, I found out that person promoted to my position will now be in charge of her best friend and her sister. At the time, I was currently gathering evidence and paperwork against these employees for time clock... View More

Rebecca Hill
Rebecca Hill
answered on Jan 28, 2022

Ohio is an "at-will" employment state, meaning that your employer can terminate you for any reason, or no reason at all as long as your termination does not violate the law. Ohio and Federal law prohibit employers from terminating employees because of their membership in a protected class... View More

1 Answer | Asked in Employment Discrimination and Employment Law for Ohio on
Q: What does section 124.31 mean for Ohio employee?
Matthew Williams
Matthew Williams
answered on Dec 20, 2021

It means the civil service should promote from within, rather than hiring new people into higher level jobs, whenever possible. But the language is pretty loose, so I wouldn't say it creates any kind of absolute right of a lower level employee to be considered to the exclusion of a... View More

1 Answer | Asked in Employment Discrimination for Ohio on
Q: I work for a company in Akron, Ohio on 11/17/2021 my day off of work. My manager called called me to tell me I was susp

Suspended until further notice. On 11/18/2021 I called to see if documentation was filed and that I would come pick it up that day. Only to be called back fifteen minutes later to say they could not suspended me. But I was not allowed back to my designated area. Now they r offering me a job that I... View More

Nicholas P. Weiss
Nicholas P. Weiss
answered on Nov 29, 2021

I'm assuming that this is a disability discrimination matter. If that is the case then they are likely offering you a different position as a reasonable accommodation for your claimed disability. If you don't take it it is likely that they can terminate you.

1 Answer | Asked in Employment Discrimination for Ohio on
Q: My employer is threatening corrective action if we don't divulge yes or no to having the covid shot. HIPAviolation?
Nicholas P. Weiss
Nicholas P. Weiss
answered on Nov 29, 2021

Your employer is allowed to ask this question and get an answer. It is not a violation of HIPAA.

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... View More

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... View 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 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... View 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... View More

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