Lawyers, Answer Questions  & Get Points Log In

Ohio Employment Law Questions & Answers

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 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 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 for Ohio on

Q: I gave two week’s notice at my current employer. I have 13 vacation days left and my company doesn’t have a policy on

Paying out unused vacation time upon separation of employment. I live in Ohio. I believe they have to pay it since there is no policy. Correct?

James J. Hux answered on Jul 1, 2019

Unfortunately, that is not the case. Vacation time is not guaranteed to be paid out like wages are. An Ohio employment attorney may be able to help you to recover them though. Some will offer free initial consultations.

Attorney James J. Hux

Hux Law Firm, LLC

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 standards of... Read more »

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 Criminal Law and Employment Law for Ohio on

Q: Employment

Hi, I made a mistake of trying to leave the store without paying for merchandise. I qualified for a diversion program. I wanted to know, since I will be doing the program, if I apply for a job now, will I have a conviction on my record or am I safe to answer no to the conviction question?

Dimitrios Makridis answered on Jun 3, 2019

You should not have a conviction on your record if you completed diversion. You can be sure by searching online for your case in the court you were charged. You should also make sure the question asks whether you were "convicted" or "charged" and answer accordingly.

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 answered on May 28, 2019

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

2 Answers | Asked in Employment Law for Ohio on

Q: Besides legal aid and EEOC (time expired for legal aid and less than 15 employees so EEOC cant) Who can help me?

My prior employer wrote an employment contract that included a base as well as an $800 per mo draw against future commissions for a (minimum of 18 months) however after less than 6 months he just came to me and said that he was going to do away with the draw against commission all together. When I... Read more »

Michael Karst answered on May 14, 2019

I am sorry to hear about your experience. To directly answer your question, you may consider filing a charge with the Ohio Civil Rights Commission ("OCRC") for a potential violation of Ohio law. You will find that the OCRC and EEOC are very similar; the OCRC investigates violations of Ohio laws,... Read more »

View More Answers

1 Answer | Asked in Employment Law and Workers' Compensation for Ohio on

Q: If my husband injured himself and work and the owner asked him to file it under his personal insurance ?

so there premiums don't go up can they do that.

James J. Hux answered on May 1, 2019

They could ask that, but it is suspicious behavior. That could be seen as attempting to dissuade your husband from workers' compensation, which is illegal. You and your husband should contact an employment law attorney as soon as possible and discuss your claim in more detail. Some will offer... Read more »

1 Answer | Asked in Contracts, Employment Law and Products Liability for Ohio on

Q: If I'm forced to sign a document is the employer required to give me a copy.

Truck driver, receiver has a document upon arrival, they walk around the semi trailer, marking any damage on the trailer before they let you drop the trailer, they make you sign the document before you can leave it and they refuse to give you a copy.. if you dont sign they will not let you on the... Read more »

Joseph Jaap answered on Apr 26, 2019

You can't make them give you a copy. Can you take a photo of the document with your phone? If not, take photos of any damage to the trailer that they note on the document and simultaneously make your own written record of the damage they are writing down.

1 Answer | Asked in Employment Law for Ohio on

Q: Can my employer's attorney question me?

Matthew Williams answered on Apr 25, 2019

Yes. There are three settings in which that may occur. One, he might just call you up. In which case, it’s entirely within your rights not to talk to him. Two, he could subpoena you for a deposition. In which case you have to sit down an answer his questions or provide legal basis for objecting... Read more »

1 Answer | Asked in Employment Law for Ohio on

Q: Is it possible to have benefits from a situation like this? A friend of mine its not a US citizien

Only has an ID and SSN. Works in a transportation company 1 month. The company its registered by peoples that are in USA but on a name of a person that was in the country as a student and left, but had a SSN. They violates road rules by driving trucks with over 26k gross weight and police time by... Read more »

Matthew Williams answered on Apr 9, 2019

It’s really unclear what you’re asking. It’s possible for these people to get arrested, go to jail, and get deported. I wouldn’t describe any of those as benefits.

1 Answer | Asked in Contracts, Criminal Law and Employment Law for Ohio on

Q: What does it mean if the status of my case is pending (active)? Does this count as a formal charge?

In the code for my job, it is stated that "A provider shall: Disclose or report in writing to the department if he or she has been or is ever formally charged with, convicted of, or pleads guilty to any of the offenses listed or described in divisions (A)(3)(a) to (A)(3)(e) of section 109.572 of... Read more »

Matthew Williams answered on Mar 20, 2019

If your case is pending, you've been charged, yes.

1 Answer | Asked in Civil Rights and Employment Law for Ohio on

Q: individual with disability. employer wants me to sign away my rights. How much is reasonable?

ER decided to "end our employment relationship". Currently negotiating separation package. My disability experience with the ER has not been positive & they want me to sign away my rights to talk about them. I don't think that's fair and I think it should have substantial value if I do but I don't... Read more »

James J. Hux answered on Mar 18, 2019

If you believe you have been discriminated against because of your disability, you would probably benefit from speaking with an employment law attorney before accepting any severance agreement. Some attorneys will offer a free initial consultation.

Attorney James J. Hux

Hux Law...
Read more »

1 Answer | Asked in Employment Discrimination and Employment Law for Ohio on

Q: Can my employer reprimand me, possibly fire me for using approved FMLA days.

James J. Hux answered on Feb 8, 2019

If your employer did so, it could be FMLA retaliation. You should speak with an employment law 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: My employer has fail to release my paycheck to me. I have given my two week notice. they are being very mean

this is going on the second payday that they refuse to pay me

James J. Hux answered on Jan 23, 2019

You should contact an employment law attorney as soon as possible. It is not clear if you already left or not, but your employer should have paid you on the date of the soonest pay period. Some attorneys will offer a free initial consultation.

Attorney James J. Hux

Hux Law Firm,...
Read more »

1 Answer | Asked in Employment Law for Ohio on

Q: Can a company keep your vested amounts in a nonqualified deferred compensation plan after seperation?

Neil Klingshirn answered on Jan 13, 2019

Anybody can do anything they want, but there may be consequences. The better question is whether you can recover your vested deferred compensation if your employer wants to keep it for itself.

If the deferred compensation program is covered by ERISA, you have a remedy under Section 510 of...
Read more »

1 Answer | Asked in Employment Law, Civil Litigation, Employment Discrimination and Sexual Harassment for Ohio on

Q: Should i Bring a sexual Discrimination lawsuit against my employer?

Im a woman, i currently work for my employer 3years in Akron Ohio, I asked the kitchen manager if i could transfer to the kitchen. His instant reply, very loudly, in front of multiple people was "No! Absolutely Not! You'll only F**K all my guys back there, thats the only reason you want to... Read more »

Neil Klingshirn answered on Jan 13, 2019

Every case is different, so the best course is to get advice specific to your situation. That said, as a general rule you should evaluate the strength of the evidence for your claim, the amount of damages you could recover and the costs you will incur to recover those damages.

Here, your...
Read more »

1 Answer | Asked in Employment Law for Ohio on

Q: I/fired/emplyer tried2force me to sit in/room w/over2 months worth of medical waste and threw a bio can at me filed ohsa

my employer like so many talked to me disrespectfully from the beginning but with the At Will law I know they can treat me however they want

In this case the employer had not disposed of medical waste for months and when I wouldn't sit with it threw a bio waste can at me .. Supervisor... Read more »

James J. Hux answered on Jan 12, 2019

Your employer could potentially be fined, but one thing to consider is if your employer terminated you in retaliation for your report. For that, you should contact an employment law attorney to discuss your situation in more detail.

Attorney James J Hux

Hux Law Firm LLC

1 Answer | Asked in Employment Law for Ohio on

Q: recd 1st letter while on STD position eliminated/severance on 12/31/18 company closure 2nd lett terminated same day LTD

while on short term disability/active employee, received by fedex letter dated 6/6 stating position will be eliminated 12/31/18 and severance package will be issued due to company closure . then receive a 2nd letter 22 days letter dated 6/28 stating position terminated on 6/29 same days as approved... Read more »

Michael Karst answered on Dec 19, 2018

Without reviewing your short-term and long-term disability policies, it is difficult to say whether your employer went about things correctly. Assuming you are an at-will employee, an employer may terminate your employment at any time and for any legal reason (with a few exceptions). That is still... Read more »

1 Answer | Asked in Employment Law for Ohio on

Q: I am a salary employee in Ohio. Is my employer allowed to pay me as hourly?

My place of employment just notified everyone they will be closing for less than a week over holidays. I am out of PTO/vacation and was told by HR I will now be paid a hourly wage instead of my weekly salary. My contact states a yearly wage & upon receiving this hourly pay I will be almost $600... Read more »

James J. Hux answered on Dec 10, 2018

You would have to discuss the full details with an attorney, but it could potentially be a breach of contract issue. Some attorneys will offer a free initial consultation.

Attorney James J. Hux

Hux Law Firm, LLC

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.