Ohio Employment Law Questions & Answers
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 »
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.
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?
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.
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 »
Unless you had a written employment contract your employer can terminate you for any reason.
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 »
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 »
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.
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 »
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 »
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.
Q: Can my employer's attorney question me?
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 »
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 »
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.
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 »
If your case is pending, you've been charged, yes.
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 »
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 »
Q: Can my employer reprimand me, possibly fire me for using approved FMLA days.
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
this is going on the second payday that they refuse to pay me
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 »
Q: Can a company keep your vested amounts in a nonqualified deferred compensation plan after seperation?
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 »
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 »
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 »
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 »
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
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 »
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 »
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 »
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?
I have been managing the business for 7 years and would like additional advice on how to legally take ownership of the business if he gets incarcerated. No charges have been filed yet, but I would like to keep my job, as well as keep the jobs of all the other employees who work there.
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?
Employee handbook says "Employees who resign are entitled to receive accrued, unused vacation benefits"
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
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... Read more »
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