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Ohio Employment Discrimination Questions & Answers
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 Discrimination for Ohio on
Q: What would be considered as derogatory on a criminal background?

Like... If a job says they're letting you go because your bci check came back and you have some derogatory things on your background.

Matthew Williams
Matthew Williams answered on Jul 5, 2020

Arrests, criminal charges, and convictions are what might be on their.

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 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 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 »

1 Answer | Asked in Employment Discrimination and Employment Law for Ohio on
Q: A salaried restaurant manager in Ohio with us being closed due to COVID-19 does my employer still have to pay me?
Neil Klingshirn
Neil Klingshirn answered on Mar 17, 2020

In a word, no. Ohio employment at will law says that, absent an agreement otherwise, an employer has no obligation to pay an employee after terminating the employment other than paying the employee for work done up to that point.

However, loss of work due to a coronavirus shutdown ordered...
Read more »

1 Answer | Asked in Employment Discrimination for Ohio on
Q: I was recently demoted to a data entry only position at work and my wages were reduced, however I am not doing data entr

My employer reduced my wages, because they said my job duties were only going to be data entry. However they have me doing a physical labor job. Are they allowed to do that

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

Generally, your employer can reduce your wages. Since you have placed this in employment discrimination though, it could be worth it to talk to an employment law attorney in more detail. Some will offer free initial consultations.

Attorney James J. Hux

Hux Law Firm, LLC

1 Answer | Asked in Employment Discrimination and Employment Law for Ohio on
Q: Can a employer hire you and then give you a start date to

turn around and say they dont know when you would be starting diploma

Greg Mansell
Greg Mansell answered on Feb 10, 2020

Technically an employer can extend your start data unless there is a contract (not just an offer) regarding a start date. An employer can also rescind an offer. On the other hand, you do not have to put up with extensions and are free to continue your job search. If you find a new job, take it!

1 Answer | Asked in Employment Discrimination and Employment Law for Ohio on
Q: I believe I was wrongfully terminated and wrongfully denied my earned PTO pay upon leaving. Do I have a case?

I was fired from my job because I pointed out due to a FMLA mixup that matrix tried to correct and whirlpool denied. They also refused to pay me my earned PTO time that I have left upon being fired because they said I did not request that I have it paid out. However, I was never told I had to... Read more »

Kyle Anderson
Kyle Anderson answered on Jan 24, 2020

Hi, the FMLA is a complex area of law and more facts are needed to fully evaluate your situation. Please reach out to an employment law attorney in Ohio.

1 Answer | Asked in Employment Discrimination for Ohio on
Q: Can i record an conversation at work with my boss, in ohio?

I have been discriminated against at work because of my nationality. I recorded my direct boss where he confessed that the HR manager discriminated against me.

James J. Hux
James J. Hux answered on Jan 23, 2020

Yes, you can record the conversation. You should also talk to an employment law attorney as soon as possible. It looks like you should file a charge with the Ohio Civil Rights Commission or EEOC, but helping an attorney help you file either of them is a generally good idea. Some attorneys will... Read more »

1 Answer | Asked in Employment Discrimination for Ohio on
Q: Hello, Is it possible to file a lawsuit if I feel I were wrongfully terminated due to discrimination?

I believe I was. Along with a list of other people who were terminated before and after me, that told me the same person fired them. And it was all African Americans. He had a snobby attitude toward employees, and never had a concern. We have meetings every morning, I had a suggestion, which I... Read more »

James J. Hux
James J. Hux answered on Dec 31, 2019

If you believe you were terminated due to race discrimination, then yes, you may be able to file a lawsuit. Here, it seems like you believe your employer was treating employees differently based on their race. You should contact an employment law attorney as soon as possible. Some will offer a... Read more »

1 Answer | Asked in Education Law, Employment Discrimination and Employment Law for Ohio on
Q: Does 17 year old- whom has graduated from high school have to follow the normal 4109 rules (wage, hours, work permit)

For example, would that 17 year old need a work permit even though they are already in college? Will the work hours limit still apply?

Rhiannon Herbert
Rhiannon Herbert answered on Dec 31, 2019

Under federal law, there are no restrictions on when and how much an employee may work once he or she turns 16. However, 16 and 17 year-old employees are restricted from performing certain hazardous jobs, such as operating heavy machinery or handling dangerous chemicals. Additionally, if an... Read more »

1 Answer | Asked in Employment Law, Business Law and Employment Discrimination for Ohio on
Q: Can I sue my previous employer for hiring for a position in one city(moved 2 city) and then they assign me 2 diff city?
Greg Mansell
Greg Mansell answered on Dec 20, 2019

An employer has the ability to transfer its employee. Absent an employment contract, it does not violate the law for them to assign you to a different city. If you are at will, you are free to quit if you do not wish to travel to the new city.

1 Answer | Asked in Employment Law, Employment Discrimination and Sexual Harassment for Ohio on
Q: I was placed on administrative leave because I asked for legal representation when talking to HR
Greg Mansell
Greg Mansell answered on Nov 6, 2019

You have a right to legal representation but not necessarily during your meetings with your company. Further analysis and information is needed to determine if this is violates public policy law.

1 Answer | Asked in Employment Discrimination, Employment Law, Identity Theft and Small Claims for Ohio on
Q: a company I use to work for used my name to commit medical fraud can i sue them?.. there is proof and a investigation

I worked for a home health care agency that is under investigation for forgery. Documents with my name and a fake signature was used to commit medicaid fraud when i was on a medical leave. this is only the beginning of the many things that this company did to me. would i have a case and what can... Read more »

Matthew Williams
Matthew Williams answered on Nov 1, 2019

Sure, you can sue. Is there anyone available to pay damages? One of the problems with fly by night companies is they tend to up and vanish. A court order for you to be paid is far from you actually getting paid.

1 Answer | Asked in Civil Rights, Employment Discrimination and Employment Law for Ohio on
Q: Can I file discrimination on management for not addressing an issue with a co-worker who is Black and they are as well

I have had issues for a couple of years with my co-worker and we have new people in and she has personally attacked me and my character and I took it to my supervisor saying I’ve had enough and want to be moved, but I also told her that I really don’t want to leave. I have 29 years in and can... Read more »

Gary Kollin
Gary Kollin answered on Jul 28, 2019

Playing the racecard without any evidence and mere conjecture

1 Answer | Asked in Civil Litigation, Employment Discrimination and Employment Law for Ohio on
Q: Hello, my vehicle was searched withbout my consent at my place of work. The search violated company policy as well

But I think it may have violated Ohio law. No law enforcement present, no warrant and no cause. Was this illegal?

Taylor P Waters
Taylor P Waters answered on Jul 3, 2019

That depends on whether you have an employment contract and whether that employment contract gives them the ability to search your car if it's on their property. It seems unlikely, however. You should call an employment attorney.

1 Answer | Asked in Employment Law and Employment Discrimination for Ohio on
Q: Reading my companies drug policy I'm not sure if I'm protected for using medical marijuana or not. Can someone advise?

My main question is with the wording of my company's policy below. Since I am under a physician's care wouldn't it seem I am in compliance with company policy?

The Company has a strong commitment to provide a safe work place and to establish programs

promoting high... Read more »

Denise Rini Esq
Denise Rini Esq answered on Jun 4, 2019

Ohio Law, as well as the United States Supreme Court has ruled that a company may discharge or fire an employee for using medical marijuana.

1 Answer | Asked in Employment Discrimination, Employment Law and Sexual Harassment for Ohio on
Q: Can someone accuse you of sexual harrasment when you was joking with a friend on the pack line about a item that you was

Sending down the line and the person that accused me was just ease dropping in to the convo but i did apologized to the person but i was terminated on sexual harrasment when i was no where near her never spoke to her only to apologize if i offended her and the comment wasnt towards her but there... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on May 28, 2019

Unless you had a written employment contract your employer can terminate you for any reason.

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