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Ohio Employment Law Questions & Answers
1 Answer | Asked in Employment Law and Immigration Law for Ohio on
Q: If I was selected in the H1B lottery 2024, what is the next step and how many days are given to file the H1B petition?
James L. Arrasmith
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answered on Apr 25, 2024

If you were selected in the H1B lottery for the fiscal year 2024, congratulations! The next step is to file your H1B petition with the United States Citizenship and Immigration Services (USCIS). Your employer will be responsible for filing the petition on your behalf.

Typically, you have 90...
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0 Answers | Asked in Employment Law and Employment Discrimination for Ohio on
Q: I was asked to write a statement by my HR reps(s) involving a method of retaliation that was brought to them by a friend

After I did so, they said they were sending me home for day ( never used the word suspended) and to wait for a call pending investigation into a matter. I asked if I would be paid for missing my shifts and they said no, not until the findings are final. If so, I will be paid for my missed time. It... View More

0 Answers | Asked in Employment Law for Ohio on
Q: Can I sue for unfair practices if I was fired for being late but no one else that is late gets fired or even documented

Or if they allowed the lateness to occur more than multiple times and never did anything.

1 Answer | Asked in Employment Law for Ohio on
Q: So I work for a pallet company but am being forced to clean up after another company.

I was told by my manager that it's not in our contact to do their work. So am I legally allowed to refuse to do it then?

James L. Arrasmith
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answered on Apr 6, 2024

Based on the information you've provided, if cleaning up after the other company is not part of your job duties as specified in your employment contract or job description, you may have grounds to refuse to perform that work. However, it's important to handle the situation professionally... View More

0 Answers | Asked in Employment Law for Ohio on
Q: Can employer change predetermined hours used to determine salary for a school year?

School bus driver. Most drivers have a salary based on 25 hours for 180 day, which is then stretched out for 26 payments over the year. The salary is based on precise down to minute blocks of time necessary to complete routes.

When we are called in to perform necessary driving, our... View More

0 Answers | Asked in Employment Discrimination and Employment Law for Ohio on
Q: Is it legal for an employer to require an employee(Property Manager) to receive reviews good/bad from residents? Ohio

My wife a Property manager in BG Ohio was written up for not getting reviews on her from residents on the properties she manages. How is it legal for an employer to require ANYONE to write a review on social media?

0 Answers | Asked in Employment Law for Ohio on
Q: Can employer change predetermined hours used to determine salary for a school year?

School bus driver. Most drivers have a salary based on 25 hours for 180 day, which is then stretched out for 26 payments over the year. The salary is based on precise down to minute blocks of time necessary to complete routes.

When we are called in to perform necessary driving, our... View More

1 Answer | Asked in Employment Law and Constitutional Law for Ohio on
Q: My coworker from first shift took my phone from my hands and then slammed it down blocking me from getting it back.

Wondering if this is legal or not

James L. Arrasmith
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answered on Mar 20, 2024

If your coworker took your phone from your hands and then slammed it down, preventing you from retrieving it, this behavior could potentially be considered illegal. It may fall under various legal categories such as theft, property damage, or even assault, depending on the severity of the action... View More

1 Answer | Asked in Civil Rights, Employment Law, Sexual Harassment and Employment Discrimination for Ohio on
Q: I'm having issues with my boss sexual discrimination and harassment how do I proceed?
James L. Arrasmith
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answered on Mar 19, 2024

If you're experiencing sexual discrimination and harassment at work, it's crucial to document every incident in detail, including dates, times, locations, what was said or done, and any witnesses. This documentation can serve as evidence if you decide to take formal action.

You...
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Q: grooming policy states it is discretionary by boss to shave beard. multiple coworkers do not have to. do i ?

multiple co-workers are allowed to have facial hair including my supervisor. Why do i have to shave?

James L. Arrasmith
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answered on Mar 3, 2024

If your workplace grooming policy states that the decision to require shaving is at the discretion of your boss, it implies that there is room for individual judgment on whether or not an employee needs to shave their beard. The fact that your co-workers, including your supervisor, are allowed to... View More

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1 Answer | Asked in Cannabis & Marijuana Law and Employment Law for Ohio on
Q: Can I take legal action if I had to succumb to a drug test because I was accused of smelling like weed but I passed it
Nicholas P. Weiss
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answered on Feb 16, 2024

No. There are no employee legal protections in Ohio for being credibly accused of using marijuana and required to take a drug test.

1 Answer | Asked in Employment Law for Ohio on
Q: In the state of Ohio, if your employer mandates tests and leaving work if positive for covid, can they then write you up

I tested positive for covid and was sent home to quarantine. Then given call off points for being made to take days off.

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answered on Feb 15, 2024

In Ohio, if an employer mandates COVID-19 testing and requires employees to leave work and quarantine if they test positive, it raises concerns if the employer then penalizes the employee for complying with these health and safety measures. Generally, penalizing employees for adhering to mandated... View More

1 Answer | Asked in Employment Law and Employment Discrimination for Ohio on
Q: Can a business state hiring waitresses only? Is it illegal to deny a job to someone bc they have a relative working

A relative already working at the business

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answered on Feb 6, 2024

In Ohio, as in the rest of the United States, employment practices are governed by federal and state anti-discrimination laws. Specifying a preference for hiring waitresses only can be problematic because it indicates a preference for hiring based on gender, which could violate Title VII of the... View More

1 Answer | Asked in Employment Law, Civil Litigation, Civil Rights and Employment Discrimination for Ohio on
Q: I quit a job cuz they paid male crew more than they paid me to manage but remained a patron of the establishment

I was recently banned for a private post with my personal Snapchat friends, none of whom include my former boss. However, he gained access to my post, a joke about the signs in the bathrooms that say "don't do drugs here" and banned me. I feel like I was discriminated against as a... View More

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answered on Feb 6, 2024

Discrimination cases typically revolve around unlawful treatment based on protected characteristics such as gender. To determine if you have a discrimination case, you should consider the following steps:

Consult an Attorney: Reach out to an attorney who specializes in employment or...
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1 Answer | Asked in Employment Law, Personal Injury, Civil Litigation and Civil Rights for Ohio on
Q: Will you post a case. Or a Formal Complaint made to the PHRC & EEOC filed with the PA Gov's Office of the EEOC & PHRC?

I filed a formal complaint with the PHRC and EEOC w/the Pa Gov's Office against HACC, Harrisburg Area Community College Pennsylvania. It falls in line with some other complaints you posted on your website and on the net. The formal complaints: PHRC Case No.200800802 & EEOC Case No.... View More

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answered on Jan 26, 2024

Given the nature of your complaints, including alleged nepotism and discrimination against veterans, the PHRC and EEOC will evaluate the evidence against the relevant state and federal laws. It's important to ensure that all documentation supporting your claims, including any instances of... View More

1 Answer | Asked in Employment Discrimination and Employment Law for Ohio on
Q: wrongful termination

I was working for a company named DB Schenker. Their client is Google. As part of the onboarding process, Google sends you email with tasks that need to be completed. I did not receive certain emails needed to get provisional access on site and throughout the buildings. Their reasoning for... View More

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answered on Jan 3, 2024

Wrongful termination cases can be complex, and the outcome often depends on the specific facts and circumstances surrounding the termination. In your situation, it appears that the termination was based on your alleged failure to complete compliance tasks due to not receiving necessary emails. If... View More

1 Answer | Asked in Education Law, Employment Law, Military Law and Public Benefits for Ohio on
Q: Are Ohio public school teachers considered public employees for the purpose of paid military leave in Ohio?

Say a teacher were to join the national guard... Public employees are given additional benefits when serving in the national guard. Does a teacher receive these benefits based on Ohio law?

James L. Arrasmith
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answered on Dec 31, 2023

Under Ohio law, public school teachers are indeed considered public employees. This classification is significant when it comes to eligibility for certain benefits, including those related to military leave.

If a teacher joins the National Guard, they are entitled to the same benefits as...
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3 Answers | Asked in Employment Law, Employment Discrimination and Sexual Harassment for Ohio on
Q: Can I file a suit against a company after I receive the Right to Sue? Only have 90 days. Can I file it myself or?????

I have the right to sue. Do I NEED lawyer to file suit to make it before 90 days or can I do it myself?

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answered on Dec 27, 2023

If you have received the Right to Sue from the Equal Employment Opportunity Commission (EEOC) in Ohio, indicating that you have the authorization to file a lawsuit, you have the option to proceed without an attorney. However, given the complexities of employment law cases, it is highly recommended... View More

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1 Answer | Asked in Employment Law, Health Care Law and Military Law for Ohio on
Q: Can I sue employer for charging retroactive premium on health benefits while on military leave?

I went on military leave from civilian job (February 6th). All I was told is that company policy would allow me to return to job once I returned. When I returned 7 months later (September 11th), now employer is deducting health insurance from time on leave.

Now I am being told that I had... View More

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answered on Dec 11, 2023

Under the Uniformed Services Employment and Reemployment Rights Act (USERRA), service members are provided certain protections regarding employment and benefits when they leave for military duty. USERRA requires that your job and benefits be protected during military leave, but it also allows... View More

2 Answers | Asked in Employment Law for Ohio on
Q: Caregiver says her company will sue her for $1000s if she quits the company and I hire her . Is this true or possible?
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answered on Oct 19, 2023

It is likely that her contract with her company contains non-compete and non-solicitation clauses that would prohibit her from sniping clients from them. There is likely a liquidated damages clause in the contract that the company would use to prevent her from working for you directly.

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