Get free answers to your Employment Law legal questions from lawyers in your area.
My job lets us take an unpaid 30 minute lunch break everyday. Sometimes, we are so busy that we work right through the break and do not have a chance to take this break, which includes working the entire shift. Can my boss legally still take this 30 minutes off my paycheck every shift even when I... View More 
answered on Jun 20, 2022
Generally, under federal and state wage and hour laws your employer is not required to compensate you for bona fide meal periods lasting 20 minutes or more. However, if you work during your meal break the meal break is no longer bona fide.
You should call an employment attorney to... View More
To give you a little background on the situation I recently left one employer for another. I took a LOA after about a week being on my LOA I decided to take a position I was offered and sent my former HR manager my resignation via email. I sent my resignation email on April 1, 2022. My LOA started... View More
answered on Jun 15, 2022
If you do not respond the lawsuit filed against you, the plaintiff can obtain a default judgment against you. More information is needed to provide you with specific advice. You should call an attorney and get an evaluation of your situation.
My current employer is asking me to sign an updated restrictive covenant covering idea’s and patents.
I am concerned because, outside of my current employment. And outside of my current employers scope of business. I wish to pursue several patents.
The wording of this document... View More
answered on Jun 8, 2022
Use the Find a Lawyer tab to retain a local intellectual property attorney who can review the document, your current activities regarding other patents, and then advise you accordingly of any changes to the document before you sign it.
Non compete agreements are often a condition of being hired. As such, I signed it when hired as I have bills to pay like everyone else. Otherwise, I would not sign as it would interfere with my right to pursue my career path. Now looking for work, how concerned should I be with that non compete... View More
answered on May 31, 2022
You should have your non-compete agreement reviewed by an attorney. An attorney would need to review the specific language of your agreement and speak with you about your employment and future job opportunities to be able to properly advise you on your obligations under the agreement, the extent... View More
Basically when I worked at this place the owner after working a 14 or 15 hour day screwed up taking my money at the end of the night when I told him about this he pretty much told me too bad this is the way it’s gonna be and also refused to give me my Tips I then contacted his boss who in turn... View More
answered on May 4, 2022
You should speak to an attorney and have your case evaluated. Your employer may have violated federal and Ohio wage and hour laws by withholding your tips. While tip pooling arrangements are permissible, management and supervisory personnel are not permitted to participate. Federal and Ohio wage... View More
For context, employees are required to sign for this policy.
answered on May 4, 2022
Ohio is an at-will state, meaning that an employer can change the terms and conditions of the employees employment for any reason or no reason at all. This means that an employer could implement a policy reducing hourly rates if an employee fails to provide a two weeks' notice as long as the... View More
An ex-coworker sent me a text message stating people will be going after me after he talks to them and they will beat me, this is after he caused me issues at work by lying to HR and almost getting me fired.
answered on Mar 25, 2022
You can do one or both of the following: report the matter to the police, and/or seek a civil protection order.
Received a breathalyzer at work and failed but wasn’t drinking but had drank the night before
answered on Mar 29, 2022
Assuming your position with your employer was an at-will employment relationship, it would may be difficult to challenge the legality of your employer's decision to end this at-will relationship based upon a failed breathalyzer test, regardless of whether you consumed alcohol that day or not,... View More
There was a employee group chat started that included every employee except for me, where I was the topic of conversation and only negative things that were very defaming were said by two of my employees and even my general manager chimed in. When I brought this to my district managers attention... View More
answered on Mar 9, 2022
That's probably something you should first discuss with the company HR department. If you are being harassed, then you might have a claim against the company if it fails to act. So in that case, use the Find a Lawyer tab to talk to a local employment law attorney.
I’m starting a health care job pending back ground check. I was convicted of a misdemeanor of disorderly conduct 2019 that was changed from child endangerment. Could the amended charge affect employment?
answered on Mar 7, 2022
Yes, it could. You should get the records sealed but you should also know that healthcare providers, if they ask correctly, can get access to sealed records.
I am missing out on a decent amount of money because most people tip on card instead of cash
answered on Mar 4, 2022
Good morning, this practice may be unlawful. I would recommend speaking with an attorney about this. Feel free to give our office a call - we'd be happy to discuss it with you. 614 610 9755.
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
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
I was recently offered a promotion at my job that included a monthly bonus and hourly rate increase on December 1, 2021 at which time I accepted via email. However, the promotion was still being processed and I never signed any official documents. Beginning in January, our company took away our... View More
answered on Feb 3, 2022
Unless you have an employment contract or a union collective bargaining agreement that says otherwise, your employer can adjust or reduce your hourly rate of pay at anytime. However, employers cannot reduce an hourly employee's pay below minimum wage for all hours worked in a workweek.
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
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
They said we’re required to give 30 days notice and if we don’t, they’ll charge us $500.
answered on Jan 14, 2022
There is not enough information here to fully answer your question. Do you have an employment contract that requires you to provide your employer with 30-days notice before ending your employment? Are you paid on an hourly basis? If you are an hourly employee and not a properly classified exempt... View More
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
My employer told me I was going to transport an item what is believed to contain an illegal substance. What can happen to my employer? I am in Human Resources and I am in no way shape or form associated with any form of law enforcement. It is unknown if the belongings has an illegal substance... View More
answered on Oct 15, 2021
This largely depends on your employment. If you are a crime lab technician or a law enforcement officer, then transporting illegal substances happens every day and is perfectly legal. If you are a pizza delivery person and your boss asks you to transport drugs, that is a very different story. More... View More
Hired in 2005, I moved to a virtual role during 2012. Following a bankruptcy discharge in 2018 I was notified of a municipal income tax deficiency owed to my residence city. Upon receipt of the notification I worked with the tax authority to attempt to reconcile. This included providing copies of... View More
I'm a designer. The item is available for public availability on the company website and in advertising. It's to showcase for my personal portfolio for future employers. I signed an NDA when I was hired and our employee handbook shows my employer has exclusive rights to anything and... View More
answered on Aug 18, 2021
Depending on what it is you probably are out of luck
Consult with an attorney
You may be able to create something similar to show, something that is not infringing in your employer's rights
I have a few questions about eviction and the right to get my taxes back from the hotel I was residing in. I think it will be a very easy case , and I was residing at the hotel when I was confronted by the general manager for allegedly soliciting, but I was told to be smart and not to have any... View More
answered on Aug 3, 2021
This doesn’t really sound like an easy case and is complicated. Make sure you contact an employment law attorney as soon as possible to discuss this in more detail. Some will offer free initial consultations.
Attorney James J. Hux
Hux Law Firm LLC
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