put on a Safety Hold due to medical reasons . I am a Truck Driver
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 
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
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
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
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
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
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
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.
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?
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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.
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?
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.
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?
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.
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 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
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
answered on Nov 29, 2021
Your employer is allowed to ask this question and get an answer. It is not a violation of HIPAA.
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
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.
Wouldn't that fall under discrimination?
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
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
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.
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
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
I refused a paycut but I feel they may still act on it even though I’ve refused.
answered on Mar 3, 2021
Hi, more information is needed here. Has anyone made any comments to you about your race or why you were the only selected for a paycut? I would reach out to an employment law attorney in your state for a consultation.
I have a left foot injury before I started employment with my company and they was aware of previous surgery on ankle before I was hired after working for 7 months or so had several big knots in bottom of left foot that was causing me a lot of pain and discomfort my doctor put me on restrictions... View More
answered on Feb 16, 2021
This sounds like you potentially have a claim for disability discrimination. If he terminated you because you could not or would not work beyond your work restrictions, that would be actionable.
I work for a big box home improvement retailer. I have asked them repeatedly not to schedule me past 1260/mo income. I have previously notified SSDI of their actions & provided work with a doctor's note. I have repeatedly spoken to several managers past 3 months & they continue to... View More
answered on Jan 26, 2021
You are probably an "at will" employee and subject to termination at any time, without the requirement of "good cause" however, you cannot be terminated for an illegal reason. You should consult directly with a local employee rights attorney about your situation.... View More
If I return to work still in pain what are my options? Also, someone who isn’t HR told me not to return to work until she contacts me.
answered on Nov 1, 2020
You may want to consider contacting a workers compensation attorney. You should be able to file a claim, and then return to work when you are actually able, not because you are forced back.
Attorney James J. Hux
Hux Law Firm, LLC
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