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Ohio Employment Law Questions & Answers
1 Answer | Asked in Employment Law for Ohio on
Q: I was laid off from my job and will receive 4 weeks severance pay. I live in Ohio. When should I file for unemployment?
Neil Klingshirn
Neil Klingshirn
answered on Oct 4, 2023

Apply when your severance runs out, unless the severance agreement states that your severance pay is allocated to the last day that you worked, in which case file when you are laid off.

1 Answer | Asked in Contracts and Employment Law for Ohio on
Q: I'm listed 10% owner of LLC that files as an S-Corp. Form 2553 lists the breakdown of ownership. The 51% partner sold

the company privately for an undisclosed price and now wants to "make me whole" by making 20 payments of $500 or $10,000 total to compensate for my 10%. That would mean the company is being valued at $100,000--equal to the salary of a current employee.

I can't accept this... View More

Joseph Jaap
Joseph Jaap
answered on Sep 28, 2023

Your rights as a minority 10% owner are determined by the LLC's Operating Agreement and any buy-sell or other agreements. Use the Find a Lawyer tab to retain a local business law attorney to review those agreements and advise you of your options.

1 Answer | Asked in Tax Law, Employment Law and Federal Crimes for Ohio on
Q: My husband’s employer is taxing the refund check for our medical insurance. Is this legal

My husband’s employer told us if we paid for our own insurance health insurance they would give us a refund check for the amount each month so we paid for two months in advance because the insurance company told us to the employer gave us a refund check, but they taxed it. We already paid taxes... View More

James L. Arrasmith
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answered on Sep 14, 2023

Taxation on insurance refunds can vary depending on the specific circumstances and applicable tax laws. It's advisable to consult with a tax professional or accountant to review the details of your situation and determine whether the taxation of the refund check is in compliance with relevant... View More

1 Answer | Asked in Employment Law for Ohio on
Q: I live in Ohio. Should 3rd shift differential pay be included with vacation pay if that is my regular shift? Thank you!
T. Augustus Claus
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answered on Aug 31, 2023

In Ohio, whether 3rd shift differential pay should be included with vacation pay can depend on company policies and employment agreements. It's recommended to review your employment contract, company handbook, or any relevant documents that outline the terms of your compensation and benefits.... View More

1 Answer | Asked in Employment Law, Personal Injury and Sexual Harassment for Ohio on
Q: I have on going charges against my employer and don't if I should settle or not.

I filed charges with state agency.

Tim Akpinar
Tim Akpinar
answered on Aug 29, 2023

An Ohio attorney could advise best, but your question remains open for a week. At this point, one option is to try to arrange a free initial consult with an attorney to review your file in detail. Good luck

2 Answers | Asked in Employment Law, Immigration Law and International Law for Ohio on
Q: They forgot to send me a contract, now 6 months in they are asking me to sign

Hi, I am currently working 6 months in my company and no plans to leave. I am an immigrant, they sponsored me to be here. Now they are asking me to sign a contract that binds me to work for them for 3 years or pay a huge amount of money. They said they sent it to me last 2022 but I have proof they... View More

James L. Arrasmith
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answered on Aug 15, 2023

It's important to consult an attorney for personalized advice. You may have the right to negotiate the terms of the contract or seek legal advice to better understand your options and potential consequences before signing.

Sincerely,

James L. Arrasmith

Founding Attorney...
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1 Answer | Asked in Employment Law for Ohio on
Q: If I earn above minimum wage and earn tips in Ohio can my employer keep the tips if I quit without notice?
T. Augustus Claus
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answered on Jul 31, 2023

In Ohio, tips are generally considered the property of the employee who receives them. The employer is not allowed to keep employees' tips unless there is a valid tip pooling arrangement in place, where tips are shared among employees based on a predetermined agreement.

If you quit...
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1 Answer | Asked in Employment Law for Ohio on
Q: Can your employer dock your pay or charge you a fine for failing to clock in?

Employer wants to charge staff 10 dollars for every instance of failure to clock in.

T. Augustus Claus
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answered on Jul 26, 2023

In Ohio, employers are generally required to pay employees for all hours worked. If an employee forgets to clock in, it is the employer's responsibility to ensure accurate record-keeping of hours worked. Docking an employee's pay or imposing a fine for failing to clock in could... 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.

1 Answer | Asked in Employment Law for Ohio on
Q: I called off work because my hot water tank exploded and flooded my basement, my boss wants pics as proof, is that legal
T. Augustus Claus
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answered on Jul 18, 2023

In general, employers have the right to request reasonable documentation or evidence for absences or situations that affect your ability to work. However, the specific requirements may vary depending on company policies and state laws.

As for whether it's legal for your boss to ask for...
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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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2 Answers | Asked in Employment Law for Ohio on
Q: Is this considered workplace retaliation?

I went to my Union Rep and complained about my Supervisor. My Supervisor ended up finding out and canceled my overtime that he specifically said I could work. Is this retaliation?

T. Augustus Claus
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answered on Jul 10, 2023

Retaliation in the workplace generally refers to adverse actions taken by an employer in response to an employee engaging in protected activity, such as filing a complaint or participating in a union-related activity. If you believe that your supervisor canceled your overtime specifically because... View More

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1 Answer | Asked in Employment Law for Ohio on
Q: i am a salaried employee, we have a scheduled shutdown for 1 week.if i work 48 hours why do i need to have8 hr PTO

i am being told even though i work 4 shifts of 12 hours during our planned shutdown, i have to submit 8 hours PTO to cover a 5 day work week in order to receive my full salary for the week

Tim Akpinar
Tim Akpinar
answered on Jul 17, 2023

An Ohio attorney could advise best, but your question remains open for three weeks. It was probably overlooked all this time under the "Uncategorized" heading. Some questions go unanswered here, but you could try reposting under the "Employment Law" heading. Good luck

1 Answer | Asked in Employment Law for Ohio on
Q: All I need to know is personal romance with a job outside of work

Does the employer have the right to tell the employee not to date someone that lives at the place where she works?

John Michael Frick
John Michael Frick
answered on Jun 17, 2023

No. All the employer can do is fire you.

1 Answer | Asked in Personal Injury and Employment Law for Ohio on
Q: I got fired from work because they thought I faked an injury and strep throat.

It’s an in home caregiver job. I got hired in march and worked in April and my next shift I had I contacted them when I had strep throat and told them I had a doctor note and they said not to worry they don’t need it that when I felt better to contact them back so I can get a client. But people... View More

Tim Akpinar
Tim Akpinar
answered on Jun 20, 2023

An Ohio attorney could advise best, but your question remains open for two weeks. The tailbone injury you describe could be a personal injury matter - depending on how it took place. However, it looks like the focus of your post is more about the termination from work. That's something an... View More

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 Law for Ohio on
Q: Can an employer refuse to pay for travel time between appointments? What about time between if not traveling?

I work for an ABA company. They are refusing to pay travel time for time between work locations. Also, if there is time between scheduled appointments, they are refusing to pay it. Techs are also required to stay and clean after sessions unpaid. Is this legal?

The pay rate was also... View More

Carrie Dyer
Carrie Dyer
answered on May 23, 2023

It sounds like ABA company's refusal to pay for travel time violates the law. Generally, travel as part of a principal activity, such as travel from job site to job site during the workday, must be counted as hours worked and must be paid. However, more information is necessary to analyze... View More

1 Answer | Asked in Employment Law for Ohio on
Q: Put in my 2 weeks notice. Was told to not come back, they would pay me out in email. But only paid 1 week. What do I do?
Matthew Williams
Matthew Williams
answered on Apr 25, 2023

More facts are needed to accurately answer your question. Do you have a written contract? If yes, what does it say about quitting and being laid off or fired? If not, did you work the 1 week? 2? 0? Was there any discussion of separation pay or severance or you getting paid out for time you... View More

1 Answer | Asked in Employment Law and Health Care Law for Ohio on
Q: Can a nurse be fired in ohio for reporting a one time incident of a patient safety concern to management?
Tim Akpinar
Tim Akpinar
answered on Apr 16, 2023

An Ohio attorney could advise best, but your question remains open for two weeks. At this point, you could consider reaching out to whistleblower law attorneys in addition to employment law attorneys. This is an area of law (I don't think there's a category on this forum) that deals with... View More

1 Answer | Asked in Cannabis & Marijuana Law, Car Accidents and Employment Law for Ohio on
Q: what happens if im driving a company vehicle and im not high but weed is in my system and someone hits me or i hit some1

i usually only smoke like one bowl a day and if i get a medical card will i be ok no matter what

Nicholas P. Weiss
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answered on Mar 29, 2023

It is illegal to smoke marijuana in Ohio. This is true even if you have a medical card. Your employment is also not protected from the use of marijuana even if you have a medical card. Marijuana in your system will likely be determined to be a contributing factor in any accident.

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