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Ohio Employment Law Questions & Answers
1 Answer | Asked in Employment Law for Ohio on
Q: Can an employer reduce the pay rate of your final paycheck to minimum wage if you do not provide two weeks notice?

For context, employees are required to sign for this policy.

Rebecca Hill
Rebecca Hill
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... Read more »

1 Answer | Asked in Employment Law for Ohio on
Q: I was fired for retaliation by the owner of the restaurant I worked for what can I do

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... Read more »

Rebecca Hill
Rebecca Hill
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... Read more »

1 Answer | Asked in Employment Law for Ohio on
Q: Can you be rightfully fired for failing a breathalyzer at work the next day after drinking the night before?

Received a breathalyzer at work and failed but wasn’t drinking but had drank the night before

Edmond Mack
Edmond Mack
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,... Read more »

1 Answer | Asked in Criminal Law, Employment Law, Civil Litigation and Libel & Slander for Ohio on
Q: What can I do if I am on the receiving end of a threatening text message from an ex-coworker in Ohio?

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.

Matthew Williams
Matthew Williams
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.

1 Answer | Asked in Employment Law and Business Law for Ohio on
Q: Do I have a lawsuit if other employees at my job are harassing, intimidating, and bullying me with no consequences

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... Read more »

Joseph Jaap
Joseph Jaap
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.

1 Answer | Asked in Employment Law and Criminal Law for Ohio on
Q: Can a Amended charge that got changed to a lesser charge still affect employment?

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?

Matthew Williams
Matthew Williams
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.

1 Answer | Asked in Employment Law and Workers' Compensation for Ohio on
Q: I live in ohio and make $13 per hour as a barista. My boss allows me to keep cash tips but not digital tips

I am missing out on a decent amount of money because most people tip on card instead of cash

Rachel A. Sabo
Rachel A. Sabo
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.

1 Answer | Asked in Employment Law for Ohio on
Q: Pay from Employer

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... Read more »

Rebecca Hill
Rebecca Hill
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.

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... Read 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... Read 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... Read 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... Read more »

1 Answer | Asked in Employment Law for Ohio on
Q: Can an employer charge you for quitting?

They said we’re required to give 30 days notice and if we don’t, they’ll charge us $500.

Rebecca Hill
Rebecca Hill
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... Read 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... Read more »

1 Answer | Asked in Employment Law for Ohio on
Q: Is it illegal for an employer to ask you to transport an item that is suspected to have an illegal substance in it?

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... Read more »

Anthony C. Satariano
Anthony C. Satariano
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... Read more »

1 Answer | Asked in Employment Law, Bankruptcy, Tax Law and Arbitration / Mediation Law for Ohio on
Q: Can an employer be pursued for monies incorrectly withheld and paid to a municipality due to an acknowledged error?

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... Read more »

Timothy Denison
Timothy Denison
answered on Sep 1, 2021

Yes.

1 Answer | Asked in Employment Law and Intellectual Property for Ohio on
Q: I want to put something I created into my portfolio, but I work under an NDA and employer IP rights.

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... Read more »

Marcos Garciaacosta
Marcos Garciaacosta
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

1 Answer | Asked in Employment Law, Landlord - Tenant, Sexual Harassment and Tax Law for Ohio on
Q: I have a few questions about eviction and sexual harassment in the workplace and my right to get my taxes back from the

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... Read more »

James J. Hux
James J. Hux
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

1 Answer | Asked in Employment Law for Ohio on
Q: Is my wife's company breaking the law by not properly compensating her for the job they are requiring her to do?

My wife's job is requiring her to do a job she is not paid to.

They are requiring her to complete lead teacher responsibilities and will not give her the pay raise that goes along with it. they say she does not have the qualifications. She filled in for the former lead teach when she... Read more »

Carrie Dyer
Carrie Dyer
answered on Jul 13, 2021

In Ohio, an employer can generally change an employee's job duties and responsibilities at any time for any reason, without any adjustment to compensation. If your wife's employer's practice is violating a term of a Collective Bargaining Agreement, she could contact her union for... Read more »

2 Answers | Asked in Employment Law for Ohio on
Q: In Ohio, am I required to probvide a doctor’s note if I refuse to do a job that I was not hired to do?

I was hired for customer support/call center. For 3 weeks, my manager has had customer support doing warehouse jobs- picking & shipping.

Carrie Dyer
Carrie Dyer
answered on Jul 7, 2021

Generally, your employer can change your job description and job duties at any time for any reason, regardless of whether you were hired to do a particular job. However, if there is a medical reason that you cannot complete the job duties of the warehouse position, then you can request an... Read more »

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1 Answer | Asked in Contracts, Medical Malpractice and Employment Law for Ohio on
Q: Can I sue my dr?

I had turned in paperwork for FMLA to my dr at an appointment. I filled everything out on my end and paid the fee to have it done. I was fired from my job of 10 years due to points and the fact that the fmla paperwork didn't get turned in. Before the due date of my paperwork I had called my dr... Read more »

Joseph Jaap
Joseph Jaap
answered on Jun 24, 2021

Use the Find a Lawyer tab to retain a local employment law attorney who can review all the facts of the situation and your termination and advise you, and then contact your employer about any violation of FMLA that the employer might have done. That might get your job back.

1 Answer | Asked in Employment Law for Ohio on
Q: Do I qualify to be an exempt salary employee?

I am currently working as a receptionist and I gross $24,000 annually. My boss told me I was salary exempt but I don't believe my compensation or job description qualify me for this. I'm working 60+ hour weeks and would like to know if I'm being taken advantage of. I am also having... Read more »

Rhiannon Herbert
Rhiannon Herbert
answered on Jun 23, 2021

In order to be properly classified as an exempt employee, your employer must prove that you meet both a "salary basis" test and a "duties" test. As part of the salary basis test, employees must be paid at least $684.00 per week in order to be paid on a salary basis. Based on... Read more »

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