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Ohio Employment Law Questions & Answers
1 Answer | Asked in Employment Law, Workers' Compensation and Small Claims for Ohio on
Q: My workplace shorted me on my check it's been a week later and I have still not heard about any updates

I informed payroll, HR, and management the day I got paid That my check was short. I call everyday to ask for updates everday they tell me they are working on it and have to wait for the owner's approval to give me a check. They owe me 1300$ that supposed to be on my regular paycheck.

Kyle Anderson
Kyle Anderson answered on Aug 14, 2020

Hi. I would wait to hear what payroll, HR, and management say. Does missing that portion of your pay put you below the minimum wage? Is the check for any overtime you worked during the pay period? If so, you may have a claim. But I would try to resolve this internally since you are still working... Read more »

1 Answer | Asked in Employment Law and Workers' Compensation for Ohio on
Q: My question is about worker's compensation.

Over the last few years I've been injured at work 3 times and filed a workers comp claim for 2 of them (first and third). For those 2, my boss had me cancel each claim and say that I didn't need the benefits anymore. He wanted me to do this so his number of processed claims and insurance... Read more »

Neil Klingshirn
Neil Klingshirn answered on Aug 13, 2020

You are entitled to your last two paychecks.

Although it is not entirely clear that an agreement to waive workers compensation claims is enforceable, that is what your employer entered into. Specifically, your employer agreed to pay for (some) wages and medical costs if you did not file a...
Read more »

1 Answer | Asked in Employment Law for Ohio on
Q: Can an employer require you to change in & out of uniform at work while not on the clock?

Can a job require you to change into boots and a uniform on the premise before you punch in? And then make you punch out before changing back into your clothing?

James J. Hux
James J. Hux answered on Aug 10, 2020

In a lot of instances, this is not legal. You should contact an employment law attorney as soon as possible to discuss your situation in more detail. Some will offer a free initial consultation.

Attorney James J. Hux

Hux Law Firm, LLC

1 Answer | Asked in Employment Law for Ohio on
Q: Can my employer track me on my personal phone while I'm using a time card app
Matthew Williams
Matthew Williams answered on Aug 5, 2020

Possibly. This is more of a tech inquiry than a legal one, but many apps collect real time location information from your phone.

1 Answer | Asked in Child Custody, Child Support, Employment Law and Family Law for Ohio on
Q: Is it likely possible my kids father who spends 1/2 a day a week at most with them to get shared time to avoid support?

We have been together off and on over 10 years. I’ve always took care of them and had them with me. He rarely ever spends time with them due to running a buisness and constantly working. No paternity test established other than store bought. He’s not on the birth certificates. I’ve been... Read more »

Joseph Jaap
Joseph Jaap answered on Jul 24, 2020

A court will review all the facts to determine what parenting arrangement is in the best interest of the children. Use the Find a Lawyer tab to retain a local family law attorney to review your situation and advise you.

1 Answer | Asked in Employment Law and Civil Litigation for Ohio on
Q: Is it unrealistic for me to seek 30 years salary in a promissary esstopel case? I make around 400k
Nicholas P. Weiss
Nicholas P. Weiss answered on Jul 16, 2020

I would need substantially more information to properly answer this. What was the nature of the promissory estopple? Why would you be unable to work for thirty years as a result of the breach of promise?

1 Answer | Asked in Employment Discrimination and Employment Law for Ohio on
Q: Can my employer down staff me for turning in my 2 week notice then have someone else work my hours?

I'm a STNA in Ohio and was recently removed from the schedule due to "down staffing" but then I found out that someone else is covering my hours. This was done out of spite and leaves me with no pay check. What are my options?

Rhiannon Herbert
Rhiannon Herbert answered on Jul 15, 2020

While employers may require their employees to give notice before they resign, they do not need to allow you to work through your termination notice period. So, in your situation, your employer need not let you work the full two weeks leading up to your resignation. This is because Ohio is an... Read more »

1 Answer | Asked in Business Law, Employment Discrimination and Employment Law for Ohio on
Q: In Ohio, can tan employer request a background check before making an offer?

The Company is in Cleveland Ohio, and requesting a complete background check. No offer made.

Hunter G. Cavell
Hunter G. Cavell answered on Jul 9, 2020

There are very specific privacy laws surrounding this. Talk with an employment attorney. Also, background checks are not free, so it is a good sign that they are requesting it, but I have only heard of background checks requested after a conditional offer is made and accepted. Talk to an employment... Read more »

1 Answer | Asked in Employment Law and Workers' Compensation for Ohio on
Q: Can you sue employer for getting covid from not providing a safe workplace from recognizable hazards?

My fiances work had a covid exposure so everyone had to get tested. They made them return to work without seeing the results and more employees tested positive thus resulting in further exposure. Is this something that can be taken to court for those who test positive because the employer did not... Read more »

Hunter G. Cavell
Hunter G. Cavell answered on Jul 8, 2020

First, your fiance would need to test positive for COVID, or another employee would want to sue. In every lawsuit, you must prove the four following things: duty, breach, causation, and injury. Your fiance's employer has a duty to provide him with a safe workplace. The question will become if... Read more »

1 Answer | Asked in Employment Law and Civil Rights for Ohio on
Q: My manager fired me for retaliation. What should I do now?

I worked in a restaurant kitchen. My manager wanted to fire me for a while because I once point out that she did not follow the rules announced on the very morning. She cut off my working time while added my working load. Then she ganged with other employee to harass me –to test my temperature... Read more »

Kyle Anderson
Kyle Anderson answered on Jul 1, 2020

Hi, more facts are needed here to fully evaluate your claim, but it doesn't appear your termination was unlawful based on what you stated here. Your termination could have been unlawful if it was based on your race, color, gender, religion, amongst other things. I would reach out to an... Read more »

1 Answer | Asked in Employment Law and Criminal Law for Ohio on
Q: I believe an employee recorded me on her cell phone without my knowledge. Is this legal and can the employee delete ?

she was told to do something several times that the work situation was hot and she didn't do it. I lost my temper and cursed.

Nicholas P. Weiss
Nicholas P. Weiss answered on Jun 29, 2020

As a matter of Ohio law, this is not illegal. Ohio is a one-party state for recordings, which means only one person has to be aware that the interaction is being recorded and consent to it to have the recording be legal. Her recording you at work may violate a corporate policy resulting in... Read more »

1 Answer | Asked in Employment Law for Ohio on
Q: Can my employer refuse a doctors note?

I was given a doctors note stating I can not wear a face mask, but my work said that since the doctor's note doesn't state why I can't wear one it's not a approved reason.

Rhiannon Herbert
Rhiannon Herbert answered on Jun 23, 2020

Under the Americans with Disabilities Act, your employer is obligated to engage in an interactive process with you to come up with a reasonable accommodation for a disability. If your employer has additional questions about what your disability is and how it restricts your ability to wear a mask to... Read more »

1 Answer | Asked in Employment Law for Ohio on
Q: I would like to know if I would qualify for some sort of wrongful termination case?

I am an independent contractor at a group mental health practice. I was informed that my supervisor has decided to terminate me from the company stating that my decision to open my own practice outside of hers is a conflict of interest. I informed her of my decision 3 weeks ago and she responded in... Read more »

Nicholas P. Weiss
Nicholas P. Weiss answered on Jun 23, 2020

SHe can terminate you for any non-discriminatory reason. The reason she gave, that you are directly competing with the business, is nondiscriminatory. She is allowed to terminate you.

1 Answer | Asked in Employment Law for Ohio on
Q: My fiance is on the sex offender registry and I work at a private high school. Can I be fired for that?

I do not reside near the school and they already told me that he is not allowed on campus.

Matthew Williams
Matthew Williams answered on Jun 10, 2020

In all likelihood you are an at will employee, which is the default in Ohio. You can be terminated for any reason so long as it doesn’t have to do with your membership in a protected class such as race, religion, or sex.

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,...
Read more »

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.

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