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Ohio Employment Law Questions & Answers
1 Answer | Asked in Employment Law for Ohio on
Q: Can my employer say I resigned due to a change in my availability?

My availability recently changed from working 31 hours a week to now I am only able to work Saturdays while I agreed to care for my niece at home during the week. I am not her primary caretaking. My employer recently asked if we would have any restrictions to our schedules when we reopened after... Read more »

Neil Klingshirn
Neil Klingshirn answered on May 22, 2020

The real question is whether your employer had an obligation to continue your employment for Saturdays only and, if not and she decides to employ someone else, whether you have any rights as a result of her ending of the employment.

If you are an employee at will, which you probably are,...
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4 Answers | Asked in Employment Law for Ohio on
Q: Is is legal for my company to make me do a “working suspension” and not pay me while I am at work?

My company regularly tells employees they are under a “working suspension” where we are required to clock in and perform regular duties but are not compensated in any way for the hours worked

Matthew Williams
Matthew Williams answered on May 18, 2020

That doesn't sound legal at all. You should contact an employment law attorney.

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1 Answer | Asked in Employment Law for Ohio on
Q: Can employer make me wear a mask even with a doctors note?

I have gotten a doctors note stating I can not wear a mask but to allow me to wear my face shield while working. Human Resources approved it. Today I received a call from my boss stating that HR changed their mind and I have to wear a mask.

James J. Hux
James J. Hux answered on May 12, 2020

Depending on the circumstances, this could be an instance of disability discrimination. You should contact an employment attorney as soon as possible to discuss your situation 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: Does a employer in Ohio have the right to mandate face mask to be worn? Never shut down or worn masks until now
Rachel A. Sabo
Rachel A. Sabo answered on May 1, 2020

Generally, yes. Employers can require the usage of PPE to protect employees against the spread of COVID-19. Is the employer singling you out by requesting that only you wear one? Is there a specific reason you do not wish to wear one, like a religious reason, for example?

1 Answer | Asked in Employment Law for Ohio on
Q: My wife works in IT in ohio at a hospital. She does have a nursing license since covid she has seen 2 of her other

Co worker be sent back to the nursing floor. Should she speak to HR if they tell her she has to go back? Is this a legal issue if they try? Thanks.

Carrie Dyer
Carrie Dyer answered on Apr 29, 2020

Your wife can request that she not be required to return to the nursing floor, but her employer can require her to work in a different role depending in the needs of the business. Without some other reason (for example, a requested accommodation based on a medical condition), your wife would not... Read more »

1 Answer | Asked in Employment Law for Ohio on
Q: Complained about working when we can’t open and making less money so boss said I refused to work and made me leave

Was fired for saying it’s unacceptable that we’re brought back to work just enough to lose unemployment and receive less weekly than we were prior to covid and was told I refused to work and had to leave. I said I’m not quitting and the manager forced me to go home

Carrie Dyer
Carrie Dyer answered on Apr 29, 2020

You should send your boss an email or other written message indicating that you are willing and able to return to work. If your boss refuses to allow you to return to work, then you should apply for unemployment benefits.

1 Answer | Asked in Employment Law for Ohio on
Q: Can I be denied unemployment if I have 2 jobs?

I work for a local school district, in which is paying me $650 or less bi-weekly, which is below poverty guidelines.My secondary employer is with a charter bus company, in which provided me with a mass lay off notice. Realistically, I cannot survive on $650 or less bi-weekly from the school... Read more »

Brian Smith Esq
Brian Smith Esq answered on Apr 29, 2020

When you file for Ohio unemployment, they look at your income and jobs during your base period. You cannot select one job or the other for them to look at. If you had two jobs and were laid off from one, they will look at both jobs.

If an employee is laid off from one job but still...
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2 Answers | Asked in Employment Discrimination and Employment Law for Ohio on
Q: I was working for amazon when I came down with symptoms for COVID-19. Can I sue then for wrongful termination?

This was before America had any knowledge of the virus. I came down with all of the symptoms and a horrible full body rash. The hospital also had no idea what was going on. Amazon let me go because I couldn’t work due to me being extremely sick. Can I sue for wrongful termination?

James J. Hux
James J. Hux answered on Apr 21, 2020

You may be able to pursue a claim against Amazon. Contact an employment law attorney as soon as possible to discuss your situation in more detail.

Attorney James J. Hux

Hux Law Firm, LLC

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2 Answers | Asked in Employment Law for Ohio on
Q: Can my employer require me to wear a mask in my office?
Nicholas P. Weiss
Nicholas P. Weiss answered on Apr 21, 2020

Yes. Safety equipment, including masks to prevent infectious disease, can be made mandatory by an employer. If you have a medical or religious objection, you may be able to receive a reasonable accommodation, but absent evidence of discrimination the employer can require this.

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1 Answer | Asked in Employment Law for Ohio on
Q: Unemployment eligibility

My daughter teaches at Ohio State and since they won't be holding summer classes this year due to covid-19, she will be unemployed from May to August. In the past, when she was still a student, they technically have "terminated" her and rehired her for the next semester. This time... Read more »

Matthew Williams
Matthew Williams answered on Apr 17, 2020

Voluntarily resigning your position is a problem for unemployment benefits since you are only supposed to collect those benefits if you are unemployed through no fault of your own.

2 Answers | Asked in Employment Discrimination and Employment Law for Ohio on
Q: Am I able to sue my employer?

My employer texted me telling me that I need to keep my “damn” mouth shut about my pay (he has an open pay policy everyone knows about). He also said he’ll sleep just fine at night if my ungrateful attitude is gone forever. He told me that he would terminate me, “because in Ohio I don’t... Read more »

James J. Hux
James J. Hux answered on Apr 6, 2020

This could be considered retaliation, but you need to talk to an employment attorney in more detail. Some will offer free initial consultations.

Attorney James J Hux

Hux Law Firm LLC

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1 Answer | Asked in Employment Law for Ohio on
Q: I am a part-time OT working in a SNF in Ohio. I have 6y of exemplary work history with the same company. I am also

currently a full-time graduate student. My sons school closed and my child care provider is closed. I requested 2 weeks leave to care for my son and find alternative childcare. There are other OTs available to cover my caseload until I can return. My employer threatened to report me to state for... Read more »

Neil Klingshirn
Neil Klingshirn answered on Apr 6, 2020

Under the new Paid Sick Leave Act and Emergency Paid Family and Medical Leave Act you should be eligible for paid time off to care for your son while his school is closed and no caregiver is available. Your employer can pay for the paid leave with a tax credit. In addition, your employer cannot... Read more »

1 Answer | Asked in Employment Law for Ohio on
Q: can I be terminated if, employer says to work from home 3 weeks later disconnected the my work cell I need to do my job

I am also currently on FMLA because I have autoimmune disease

HR was on the email my boss sent me saying I was refusing to work. Even though I offered suggestions like having IT remotely add the phone app to my computer or have the calls go to voicemail and I return the calls using my... Read more »

Nicholas P. Weiss
Nicholas P. Weiss answered on Apr 5, 2020

If you are on FMLA you cannot be terminated as you are not supposed to be working anyway. If they terminate you while you are on leave you have several causes of action against your employer.

1 Answer | Asked in Employment Law, Health Care Law, Insurance Bad Faith and Insurance Defense for Ohio on
Q: My employer changed health insurance companies and my old therapist is not covered. I have a bill for 3 months of visits

I’m in Ohio and my employer changed insurance companies effective the first of this year. Neither I nor my therapist realized that this change made her out of network as many of her patients have the same employer as I and I found her through my old insurance which was provided by the same... Read more »

Carrie Dyer
Carrie Dyer answered on Apr 1, 2020

Your employer will not be liable to pay or waive the expense. It is your responsibility to ensure that your health care providers are covered under your employer's insurance plan. You can ask if your therapist or your insurance company is willing to work with you on payments.

1 Answer | Asked in Employment Law for Ohio on
Q: 19 yo working in hospital with coronavirus, he has asthma and severe allergies, can he quit and still get unemployment?
Rhiannon Herbert
Rhiannon Herbert answered on Apr 1, 2020

Ohio has recently passed laws expanding unemployment eligibility due to issues caused by COVID-19. However, employees are not eligible for unemployment if they voluntarily quit their jobs, so unfortunately, this person would not be eligible for unemployment under the circumstances. However, he... Read more »

1 Answer | Asked in Employment Law for Ohio on
Q: Once a business offers you a position, contract signed, are they able to rescind the offer weeks later

I accepted an ER manager position at a different health care facility and signed a contract with the institution regarding wage and sign on bonus. I asked to give 4 weeks notice to my current employer to allow for smooth transition in which they agreed and a start date of 4/13/2020 was given. I... Read more »

Nicholas P. Weiss
Nicholas P. Weiss answered on Mar 31, 2020

You do have recourse. They are not able to rescind an offer once you accept it. They are using that word, rescind, but really what they're doing is terminating the contract.

Before you start looking at recourse, see if you can get your old job back. Regardless of what happens with the...
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1 Answer | Asked in Criminal Law and Employment Law for Ohio on
Q: Can I get a job in law enforcement with a felony

I was charged with a non violent third degree felony and was told I could get it expunged but looked now. It doesn’t look like I can anymore and so I was looking into jobs in the criminal justice field and I know it would be very hard but I wanted to know if I would need to have the charge... Read more »

Matthew Williams
Matthew Williams answered on Mar 30, 2020

Most F3 offenses can be sealed. What were you convicted of?

As for law enforcement jobs, it could be tough. First, they can see a sealed record during their hiring process so it would still be an issue. Second, depending on the offense, and other factors, you may not be able to restore...
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1 Answer | Asked in Employment Law for Ohio on
Q: Is there an OSHA or PERRP policy that during a pandemic, a Doctor's note is not required for sick time?
Neil Klingshirn
Neil Klingshirn answered on Mar 28, 2020

No.

The Coronavirus Paid Sick Leave Act requires employers to pay for sick leave and it has its own certification rules. Therefore, if you miss work for a coronavirus related reason, the Paid Sick Leave Act might dictate the documentation that you need to provide to get government...
Read more »

1 Answer | Asked in Employment Law and Contracts for Ohio on
Q: Would a lay-off due to the corona virus void my apprenticeship contract with my current employer.

I am in an apprenticeship program with a company that pays for my schooling. I signed the contract as a way to secure a job for 6 years. Now three years later management has become very toxic and it is just not a company that i want to work for anymore. The problem is if i were to leave the company... Read more »

Joseph Jaap
Joseph Jaap answered on Mar 26, 2020

It all depends on the exact terms in the contract and all the other circumstances of the layoff and the current virus orders. The legal impact of layoffs because of the virus are unknown, and the courts will have to sort that out over the coming months and possibly years. Your company should... Read more »

1 Answer | Asked in Employment Discrimination and Employment Law for Ohio on
Q: can my employer force me to work 24 hrs. then use my PTO to cover the other 16 hrs. of the 40 hr.week? I am a salaried

exempt employee. i thought no matter how many hours i work i am guaranteed my salary.

Rhiannon Herbert
Rhiannon Herbert answered on Mar 25, 2020

This depends on whether you performed work on days your employer required you to use your PTO. Under the Fair Labor Standards Act, employers may take deductions from a salary exempt employee's earnings if you are absent from work for one or more FULL days for personal reasons other than... Read more »

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