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Ohio Employment Law Questions & Answers
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 Law for Ohio on
Q: Can someone file a 1099 on me without any information because I work for cash for him and that was not our agreement

I work for someone for cash we had a falling out he decided he was going to send me a 1099 form can he legally do that

Neil Klingshirn
Neil Klingshirn answered on Jan 29, 2020

Your employer has an obligation to report your income to the IRS. You cannot agree with your employer to keep secret the money you earn.

If you are an independent contractor, your employer should report your income to the IRS on a 1099. If you are an employee, your employer should report...
Read more »

1 Answer | Asked in Contracts and Employment Law for Ohio on
Q: For a company based in NY and OH. Workers fired after a month of work, this has happened multiple times.

A company hires a large group of people (150-200) for a seasonal position. The hiring manager gets commission for each person hired. 1-3 months later, the company fires all people hired. This has happened to multiple different groups over the course of a few years. Is this legal?

James J. Hux
James J. Hux answered on Jan 27, 2020

Unless there is some contract, this is unfortunately probably legal. I wish it wasn't, but there's not really anything that can be done about horrible management decisions.

Attorney James J. Hux

Hux Law Firm, LLC

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 Law for Ohio on
Q: Bathroom breaks. I was denied a 5-8 minute break to change my tampon. I couldn’t wait for lunch; it’s 2 hours away

my question is in regards to bathroom breaks. I was to work 11 hours minus my lunch (30 mins) and 3 breaks with 2 hours 45 Mins in between each breaks and lunch. I was on my menstruation and my manager gave me a verbal warning for taking an 8 min bathroom break to change myself. I asked her if I go... Read more »

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

This sounds like it could be gender discrimination to me. You should contact an employment law attorney as soon as possible to discuss the 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: subpoena was taken to my parents house but I was not there and not directly served. Do I still need to abide by

It states that I need to report to a lawyers office on a certain date. I do not even know what this is for. Do I have to go since I was not served directly? It so, am I able to obtain information about what this is for before I go?

Greg Mansell
Greg Mansell answered on Jan 16, 2020

If you reside at the residence and someone over 18 signed for you, then yes - you need to appear. You can absolutely contact the law firm or lawyer that issued the subpoena and ask what it is about or even ask to reschedule.

1 Answer | Asked in Employment Law for Ohio on
Q: Hi; Wondering if you might answer a question for me?

Hi; Wondering if you might answer a question for me? Can my employer count my vacation and holiday days as missed work for disciplinary reasons? For example: If I take 10 days for paid time off and miss two days some other time for being sick can my employer say that I've missed 12 days of work... Read more »

Kyle Anderson
Kyle Anderson answered on Jan 15, 2020

How an employee is disciplined based on absences normally doesn't have a legal implication. It typically governed by your employer's handbook, unless it is being applied unevenly based on your race, religion, a disability, etc. I would check the handbook to start.

3 Answers | Asked in Employment Law for Ohio on
Q: Unpaid work/hours at a job. Is it legal

They give us 12 hours of work to finish in 8, but only pay for 10. The extra 2 is straight pay, and not overtime, is it legal?

Carrie Dyer
Carrie Dyer answered on Jan 15, 2020

The Fair Labor Standards Act requires that employers typically pay their employees time and one-half their regular rate of pay for all hours worked per week in excess of 40. Your entitlement to overtime is determined on a weekly basis, not daily. Unless you are subject to an exemption, if you are... Read more »

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4 Answers | Asked in Employment Law for Ohio on
Q: Can my employer request me to come in 15 min early and not pay me? I have done this for 5 years with out fail.

Also if they have to pay me, will it be considered overtime?

Neil Klingshirn
Neil Klingshirn answered on Jan 9, 2020

You may have a claim for breach of contract with your employer. The contract was to pay you $X per hour for each hour worked. If you and your employer intended that this included the early 15 minutes, then once you work those minutes you are entitled to payment for them. If, on the other hand, you... Read more »

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2 Answers | Asked in Employment Law for Ohio on
Q: Can an employer of an hourly employee contact an employees doctor in order to dictate or change a doctors slip?

Hourly employee has an added break for stress management. Leadman and company nurse having a pissung contest about smoking while on said break. Company called Dr to modify Dr note to include break is not meant for smoking. I understand its a minor thing, but what if?

Neil Klingshirn
Neil Klingshirn answered on Jan 8, 2020

The Americans with Disabilities Act and the Family and Medical Leave Act restrict an employer's access to employee medical records and information from the employee's treatment providers. As a result, employers are generally limited to seeking clarifications of a doctor's orders. Employers should... Read more »

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1 Answer | Asked in Employment Law for Ohio on
Q: I feel like I had no other option but to resign. When now I am out of a job

H

Carrie Dyer
Carrie Dyer answered on Jan 8, 2020

Additional information is needed to asses whether you have a potential legal claim. If you felt compelled to resign due to unlawful treatment in the workplace (e.g., discrimination due to your membership in a protected class or a hostile work environment), an employment law attorney can help you... Read more »

1 Answer | Asked in Employment Law for Ohio on
Q: I got an offer from a company (currently it is my employer client), but I never worked for this client, Can i join this?

"The Company respects your right to engage in private activities and personal business beyond your

employment with us, providing such activities do not conflict with the interests of the Company. However,

Associates are not permitted to hold employment or contractor positions... Read more »

Kyle Anderson
Kyle Anderson answered on Jan 6, 2020

Hi, I would recommend reaching out to an Ohio employment attorney and requesting a document review. There are likely more facts to your case that need to be considered before a full evaluation can take place.

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 for Ohio on
Q: My employer repeatedly sends me home off the clock ranging from 2-7 hours at a time. Then says I must come back and

I don't get paid any time I'm off waiting to come back. I work in Ohio. Is this legal?

Greg Mansell
Greg Mansell answered on Dec 28, 2019

You may be entitled to pay for this time but you might not be. There are a lot of factors that must be analyzed to make this determination. These include:

(1) the frequency of the calls to the on-call employee;

(2) geographical restrictions on the employee's movements;

(3)...
Read more »

1 Answer | Asked in Employment Law for Ohio on
Q: Even if I make a large amount in tips is my employer still required to pay me my minimum hourly rate?
Rhiannon Herbert
Rhiannon Herbert answered on Dec 23, 2019

Your employer must pay you at least the Ohio minimum wage for tipped employees. The Ohio minimum wage for tipped employees is $4.30 per hour. However, if you are a tipped employee (someone who receives more than $30/month in tips), and you are paid more than the minimum wage for tipped employees,... 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 for Ohio on
Q: I am not being paid the right hourly rate and have told my manager/gm and nothing seems to being done about it?

I work as a dishwasher at a local restaurant and my hourly pay for dishwashing is $10 an hour. I have trained to be a cook and am now working cooking shifts. The hourly rate for a cook is 13 dollars an hour. I trained for 2 days being a cook for $10; aside from that I have had 4 cooking shifts... Read more »

Greg Mansell
Greg Mansell answered on Dec 16, 2019

Keep requesting that they make the change. There is no law that requires them to pay you a certain amount based on the job. They are only required to pay you minimum wage.

1 Answer | Asked in Employment Law for Ohio on
Q: Whats going be the easiest way get my last check. Employers been putting me off for weeks now.
James J. Hux
James J. Hux answered on Dec 9, 2019

The easiest way would probably be to hire an employment law attorney. There's no guarantee that it would make it go faster though. Speak with an employment law attorney as soon as possible. Some will offer a free initial consultation.

Attorney James J. Hux

Hux Law Firm LLC

1 Answer | Asked in Employment Law and Insurance Defense for Ohio on
Q: On pay stub it ha F-LCBF mean
Greg Mansell
Greg Mansell answered on Nov 18, 2019

It sounds like something your employer put in manually. It is not a standard abbreviation used on paystubs. I would ask you HR department.

1 Answer | Asked in Criminal Law and Employment Law for Ohio on
Q: Is it legal for a employer to not give me and my 2 friends our checks after they fired us and are pressing charges on us
Greg Mansell
Greg Mansell answered on Nov 6, 2019

It is not legal for your employer to withhold pay for more than 30 days. They are required to pay you minimum wages for ALL hours worked.

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