Ohio Employment Law Questions & Answers
Q: Can my employer reprimand me, possibly fire me for using approved FMLA days.
1 Answer
| Asked
in
Employment Discrimination and Employment Law
for
Ohio
on
Answered on Feb 8, 2019
Answered on Feb 8, 2019
James J. Hux's answer
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
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
Q: My employer has fail to release my paycheck to me. I have given my two week notice. they are being very mean
James J. Hux's answer
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, LLC
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, LLC
Q: Can a company keep your vested amounts in a nonqualified deferred compensation plan after seperation?
Neil Klingshirn's answer
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 ERISA. That remedy lets you file suit in federal court and recover your attorneys' fees if you prevail. If the plan is not covered by ERISA, then state contract laws probably give you a remedy. You...
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 ERISA. That remedy lets you file suit in federal court and recover your attorneys' fees if you prevail. If the plan is not covered by ERISA, then state contract laws probably give you a remedy. You...
Q: Should i Bring a sexual Discrimination lawsuit against my employer?
1 Answer
| Asked
in
Employment Law, Civil Litigation, Employment Discrimination and Sexual Harassment
for
Ohio
on
Answered on Jan 13, 2019
Answered on Jan 13, 2019
Neil Klingshirn's answer
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 claim is that gender discrimination is blocking your advancement to a better position. The manager's statement is direct evidence of that discrimination. You can testify that he said it, as can any of...
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 claim is that gender discrimination is blocking your advancement to a better position. The manager's statement is direct evidence of that discrimination. You can testify that he said it, as can any of...
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
James J. Hux's answer
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
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
Q: recd 1st letter while on STD position eliminated/severance on 12/31/18 company closure 2nd lett terminated same day LTD
Michael Karst's answer
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 true even if you are out on disability leave. You may want to speak with a qualified attorney regarding your severance package. The law typically requires an employer to provide you with a minimum...
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 true even if you are out on disability leave. You may want to speak with a qualified attorney regarding your severance package. The law typically requires an employer to provide you with a minimum...
Q: I am a salary employee in Ohio. Is my employer allowed to pay me as hourly?
James J. Hux's answer
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
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
Q: What happens to a business if the sole proprietor goes to prison for sexual misconduct with a minor?
Matthew Williams' answer
Technically, nothing. But a business without someone at the helm is seriously endangered. I would suggest you all get together with the owner and a lawyer to ensure the business operations will pass on to someone trusted. Obviously, the boss here needs a lawyer for the criminal side too.
Technically, nothing. But a business without someone at the helm is seriously endangered. I would suggest you all get together with the owner and a lawyer to ensure the business operations will pass on to someone trusted. Obviously, the boss here needs a lawyer for the criminal side too.
Q: I quit my job. Handbook says we get unused vacation benefits. Do they have to pay?
Brian Smith Esq's answer
It certainly sounds as though they would have to pay. Employers are generally held to comply with their vacation policies. A review of the entire policy should be conducted to ensure there are no exceptions.
It certainly sounds as though they would have to pay. Employers are generally held to comply with their vacation policies. A review of the entire policy should be conducted to ensure there are no exceptions.
Q: Can an employer drop your pay by 3 dollars, if you are late to work more than 3 times in 90 days of employment
Brian Smith Esq's answer
More information would be needed to fully evaluate this. The employer must pay you at least minimum wage of course. If you are protected by a contract with a wage rate, or perhaps a union contract, you might be able to challenge this. However, absent a minimum wage violation or contract violation, it is likely that an employer could adjust wage rates based on attendance.
More information would be needed to fully evaluate this. The employer must pay you at least minimum wage of course. If you are protected by a contract with a wage rate, or perhaps a union contract, you might be able to challenge this. However, absent a minimum wage violation or contract violation, it is likely that an employer could adjust wage rates based on attendance.
Q: Is my employer legally allowed to force me to disclose details about my sealed record?
1 Answer
| Asked
in
Employment Discrimination and Employment Law
for
Ohio
on
Answered on Jul 16, 2018
Answered on Jul 16, 2018
Matthew Williams' answer
You are not legally required to disclose any information pertaining to your sealed record. The dismissal depends on the law from another state. But, the rub for you, since they found it, is that they don't have to hire you. So, you can refuse to explain and they can simply take the job somewhere else.
You are not legally required to disclose any information pertaining to your sealed record. The dismissal depends on the law from another state. But, the rub for you, since they found it, is that they don't have to hire you. So, you can refuse to explain and they can simply take the job somewhere else.
Q: Why does my OVI or Underage NOT show on BCI/FBI Background checks for school employment in Ohio?
Matthew Williams' answer
It's possible they simply weren't reported. The legal system is a bureaucracy like any other. It's also possible these cases were resolved with quick pleas in a mayor's court. Many of the mayor's courts do not put their records online or submit any information to databases so the only way to find the cases is to actually ask the mayor's court, which of course, requires knowing which on to ask.
It's possible they simply weren't reported. The legal system is a bureaucracy like any other. It's also possible these cases were resolved with quick pleas in a mayor's court. Many of the mayor's courts do not put their records online or submit any information to databases so the only way to find the cases is to actually ask the mayor's court, which of course, requires knowing which on to ask.
Q: As a 16 year old whose about to turn 17 in least then a month do i need my parents consent to work in a different city
Joseph Jaap's answer
Yes, you need your parents' consent, or both you and your uncle could get in trouble.
Yes, you need your parents' consent, or both you and your uncle could get in trouble.
Q: Can a minor, (14/15) who proves he is responsible financially and can care for himself, get emancipated in Ohio?
1 Answer
| Asked
in
Employment Law, Child Support, Government Contracts and Juvenile Law
for
Ohio
on
Answered on Apr 2, 2018
Answered on Apr 2, 2018
Joseph Jaap's answer
No, a minor cannot be emancipated in Ohio except in limited circumstances. Here is more information:
https://www.ohiobar.org/ForPublic/Resources/LawYouCanUse/Pages/LawYouCanUse-255.aspx
If there are problems at home, talk to a school counselor, family member, or other trusted adult.
No, a minor cannot be emancipated in Ohio except in limited circumstances. Here is more information:
https://www.ohiobar.org/ForPublic/Resources/LawYouCanUse/Pages/LawYouCanUse-255.aspx
If there are problems at home, talk to a school counselor, family member, or other trusted adult.
Q: Is it a HIPAA violation for my employer to ask "What kind of surgery is your son having?" My son is a minor.
Matthew Williams' answer
HIPAA doesn't make it unlawful for people to ask questions. It makes it unlawful for medical providers to release information without the patient's consent.
HIPAA doesn't make it unlawful for people to ask questions. It makes it unlawful for medical providers to release information without the patient's consent.
Q: company A transfers money from Company B into Company A's bank account #1 and then Company A transfers that money back
Joseph Jaap's answer
Who is telling you to do that? If it is the company's attorney or accountant advising you to do this, get a second opinion if you are uncomfortable. As president, you have certain fiduciary duties under Ohio law, and so the company should have both an attorney and a tax adviser to provide appropriate advise when such questions arise. Use the Find a Lawyer tab to retain a business attorney to represent the company in its affairs. The attorney can probably recommend a business tax accountant.
Who is telling you to do that? If it is the company's attorney or accountant advising you to do this, get a second opinion if you are uncomfortable. As president, you have certain fiduciary duties under Ohio law, and so the company should have both an attorney and a tax adviser to provide appropriate advise when such questions arise. Use the Find a Lawyer tab to retain a business attorney to represent the company in its affairs. The attorney can probably recommend a business tax accountant.
Q: I created healthcare processes that are currently safer and better than are currently used. Can they claim ownership?
Joseph Jaap's answer
There is no way to answer without knowing details of what you have developed. It might fall under copyright or patent, or neither. Ideas are not copyrighted, but the expression can be. But a method or technique could be patentable. And any employment contract or terms of employment included in an employment handbook or other restrictions related to your employment might allow your employer to claim ownership. Use the Find a Lawyer tab to retain a local intellectual property law attorney...
There is no way to answer without knowing details of what you have developed. It might fall under copyright or patent, or neither. Ideas are not copyrighted, but the expression can be. But a method or technique could be patentable. And any employment contract or terms of employment included in an employment handbook or other restrictions related to your employment might allow your employer to claim ownership. Use the Find a Lawyer tab to retain a local intellectual property law attorney...
Q: I trying to figure out if me and a friend of mine are getting scammed by a job we worked for?
Matthew Williams' answer
From that very limited information its hard to say if you are being scammed in some way or just working for a really cheap company that doesn't want to give anyone enough hours that they would be full time.
From that very limited information its hard to say if you are being scammed in some way or just working for a really cheap company that doesn't want to give anyone enough hours that they would be full time.
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