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Ohio Employment Law Questions & Answers
1 Answer | Asked in Employment Law for Ohio on
Q: In the state of Ohio, if your employer mandates tests and leaving work if positive for covid, can they then write you up

I tested positive for covid and was sent home to quarantine. Then given call off points for being made to take days off.

T. Augustus Claus
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answered on Feb 15, 2024

In Ohio, if an employer mandates COVID-19 testing and requires employees to leave work and quarantine if they test positive, it raises concerns if the employer then penalizes the employee for complying with these health and safety measures. Generally, penalizing employees for adhering to mandated... View More

1 Answer | Asked in Employment Law and Employment Discrimination for Ohio on
Q: Can a business state hiring waitresses only? Is it illegal to deny a job to someone bc they have a relative working

A relative already working at the business

T. Augustus Claus
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answered on Feb 6, 2024

In Ohio, as in the rest of the United States, employment practices are governed by federal and state anti-discrimination laws. Specifying a preference for hiring waitresses only can be problematic because it indicates a preference for hiring based on gender, which could violate Title VII of the... View More

1 Answer | Asked in Employment Law, Civil Litigation, Civil Rights and Employment Discrimination for Ohio on
Q: I quit a job cuz they paid male crew more than they paid me to manage but remained a patron of the establishment

I was recently banned for a private post with my personal Snapchat friends, none of whom include my former boss. However, he gained access to my post, a joke about the signs in the bathrooms that say "don't do drugs here" and banned me. I feel like I was discriminated against as a... View More

James L. Arrasmith
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answered on Feb 6, 2024

Discrimination cases typically revolve around unlawful treatment based on protected characteristics such as gender. To determine if you have a discrimination case, you should consider the following steps:

Consult an Attorney: Reach out to an attorney who specializes in employment or...
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1 Answer | Asked in Employment Law, Personal Injury, Civil Litigation and Civil Rights for Ohio on
Q: Will you post a case. Or a Formal Complaint made to the PHRC & EEOC filed with the PA Gov's Office of the EEOC & PHRC?

I filed a formal complaint with the PHRC and EEOC w/the Pa Gov's Office against HACC, Harrisburg Area Community College Pennsylvania. It falls in line with some other complaints you posted on your website and on the net. The formal complaints: PHRC Case No.200800802 & EEOC Case No.... View More

James L. Arrasmith
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answered on Jan 26, 2024

Given the nature of your complaints, including alleged nepotism and discrimination against veterans, the PHRC and EEOC will evaluate the evidence against the relevant state and federal laws. It's important to ensure that all documentation supporting your claims, including any instances of... View More

1 Answer | Asked in Employment Discrimination and Employment Law for Ohio on
Q: wrongful termination

I was working for a company named DB Schenker. Their client is Google. As part of the onboarding process, Google sends you email with tasks that need to be completed. I did not receive certain emails needed to get provisional access on site and throughout the buildings. Their reasoning for... View More

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answered on Jan 3, 2024

Wrongful termination cases can be complex, and the outcome often depends on the specific facts and circumstances surrounding the termination. In your situation, it appears that the termination was based on your alleged failure to complete compliance tasks due to not receiving necessary emails. If... View More

1 Answer | Asked in Education Law, Employment Law, Military Law and Public Benefits for Ohio on
Q: Are Ohio public school teachers considered public employees for the purpose of paid military leave in Ohio?

Say a teacher were to join the national guard... Public employees are given additional benefits when serving in the national guard. Does a teacher receive these benefits based on Ohio law?

James L. Arrasmith
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answered on Dec 31, 2023

Under Ohio law, public school teachers are indeed considered public employees. This classification is significant when it comes to eligibility for certain benefits, including those related to military leave.

If a teacher joins the National Guard, they are entitled to the same benefits as...
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3 Answers | Asked in Employment Law, Employment Discrimination and Sexual Harassment for Ohio on
Q: Can I file a suit against a company after I receive the Right to Sue? Only have 90 days. Can I file it myself or?????

I have the right to sue. Do I NEED lawyer to file suit to make it before 90 days or can I do it myself?

T. Augustus Claus
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answered on Dec 27, 2023

If you have received the Right to Sue from the Equal Employment Opportunity Commission (EEOC) in Ohio, indicating that you have the authorization to file a lawsuit, you have the option to proceed without an attorney. However, given the complexities of employment law cases, it is highly recommended... View More

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3 Answers | Asked in Employment Law, Employment Discrimination and Sexual Harassment for Ohio on
Q: Can I file a suit against a company after I receive the Right to Sue? Only have 90 days. Can I file it myself or?????

I have the right to sue. Do I NEED lawyer to file suit to make it before 90 days or can I do it myself?

Rachel A. Sabo
Rachel A. Sabo
answered on Jan 18, 2024

Yes, the Right to Sue means you have 90 days from the date of the Right to Sue to file your lawsuit. It can be filed by you (called filing pro se, without a lawyer) or you can search for attorneys to file it for you. I would not rely on finding an attorney - you should be mindful of the filing... View More

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1 Answer | Asked in Employment Law, Health Care Law and Military Law for Ohio on
Q: Can I sue employer for charging retroactive premium on health benefits while on military leave?

I went on military leave from civilian job (February 6th). All I was told is that company policy would allow me to return to job once I returned. When I returned 7 months later (September 11th), now employer is deducting health insurance from time on leave.

Now I am being told that I had... View More

James L. Arrasmith
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answered on Dec 11, 2023

Under the Uniformed Services Employment and Reemployment Rights Act (USERRA), service members are provided certain protections regarding employment and benefits when they leave for military duty. USERRA requires that your job and benefits be protected during military leave, but it also allows... View More

2 Answers | Asked in Employment Law for Ohio on
Q: Caregiver says her company will sue her for $1000s if she quits the company and I hire her . Is this true or possible?
Nicholas P. Weiss
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answered on Oct 19, 2023

It is likely that her contract with her company contains non-compete and non-solicitation clauses that would prohibit her from sniping clients from them. There is likely a liquidated damages clause in the contract that the company would use to prevent her from working for you directly.

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1 Answer | Asked in Employment Law for Ohio on
Q: Caregiver says her company will sue her for $1000s if she quits the company and I hire her privately. True?
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answered on Oct 12, 2023

It depends on the terms of the caregiver's employment contract and the laws of Ohio. If the caregiver's employment contract contains a non-compete clause, the caregiver company may be able to sue the caregiver if they breach that clause by going to work for a competitor. However, there is... View More

1 Answer | Asked in Employment Law, Employment Discrimination and Sexual Harassment for Ohio on
Q: Can I sue an attorney I worked for that blatantly sexually harassed me on a daily basis? It was in 2019-2020.

I do realize that I have proof of it. Also, I have been seeing a therapist, and it has come to light that many of my anxiety issues are related to this abuse. I was not the only paralegal he abused either.

Neil Klingshirn
Neil Klingshirn
answered on Oct 5, 2023

The statute of limitations in Ohio for sexual harassment that occurred before April of 2021 is six years, so you can still pursue a claim. The statute of limitations under federal law (Title VII of the 1964 Civil Rights Act) is 300 days.

1 Answer | Asked in Tax Law, Employment Law and Federal Crimes for Ohio on
Q: My husband’s employer is taxing the refund check for our medical insurance. Is this legal

My husband’s employer told us if we paid for our own insurance health insurance they would give us a refund check for the amount each month so we paid for two months in advance because the insurance company told us to the employer gave us a refund check, but they taxed it. We already paid taxes... View More

James L. Arrasmith
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answered on Sep 14, 2023

Taxation on insurance refunds can vary depending on the specific circumstances and applicable tax laws. It's advisable to consult with a tax professional or accountant to review the details of your situation and determine whether the taxation of the refund check is in compliance with relevant... View More

1 Answer | Asked in Employment Law for Ohio on
Q: I live in Ohio. Should 3rd shift differential pay be included with vacation pay if that is my regular shift? Thank you!
T. Augustus Claus
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answered on Aug 31, 2023

In Ohio, whether 3rd shift differential pay should be included with vacation pay can depend on company policies and employment agreements. It's recommended to review your employment contract, company handbook, or any relevant documents that outline the terms of your compensation and benefits.... View More

1 Answer | Asked in Employment Law for Ohio on
Q: If I earn above minimum wage and earn tips in Ohio can my employer keep the tips if I quit without notice?
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answered on Jul 31, 2023

In Ohio, tips are generally considered the property of the employee who receives them. The employer is not allowed to keep employees' tips unless there is a valid tip pooling arrangement in place, where tips are shared among employees based on a predetermined agreement.

If you quit...
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1 Answer | Asked in Employment Law for Ohio on
Q: Can your employer dock your pay or charge you a fine for failing to clock in?

Employer wants to charge staff 10 dollars for every instance of failure to clock in.

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answered on Jul 26, 2023

In Ohio, employers are generally required to pay employees for all hours worked. If an employee forgets to clock in, it is the employer's responsibility to ensure accurate record-keeping of hours worked. Docking an employee's pay or imposing a fine for failing to clock in could... View More

1 Answer | Asked in Employment Law for Ohio on
Q: I called off work because my hot water tank exploded and flooded my basement, my boss wants pics as proof, is that legal
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answered on Jul 18, 2023

In general, employers have the right to request reasonable documentation or evidence for absences or situations that affect your ability to work. However, the specific requirements may vary depending on company policies and state laws.

As for whether it's legal for your boss to ask for...
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2 Answers | Asked in Employment Discrimination, Employment Law and Health Care Law for Ohio on
Q: Hipa Law discrimination

put on a Safety Hold due to medical reasons . I am a Truck Driver

Maurice Mandel II
Maurice Mandel II
answered on Jul 10, 2023

Your medical condition could constitute a physical disability for which you are entitled to a reasonable accommodation. HOWEVER- the employer does not have to accommodate the condition if you remain a danger to yourself or others, with or without the accommodation. Blind people cannot be... View More

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2 Answers | Asked in Employment Law for Ohio on
Q: Is this considered workplace retaliation?

I went to my Union Rep and complained about my Supervisor. My Supervisor ended up finding out and canceled my overtime that he specifically said I could work. Is this retaliation?

Maurice Mandel II
Maurice Mandel II
answered on Jul 10, 2023

Sometimes this makes you wonder who your Union is representing, doesn't it. Unfortunately, since you are represented by a Union, they are your exclusive representatives under the NLRA. You could file an unfair practices claim with them, or file a grievance with your union over the OT.... View More

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2 Answers | Asked in Employment Law for Ohio on
Q: Is this considered workplace retaliation?

I went to my Union Rep and complained about my Supervisor. My Supervisor ended up finding out and canceled my overtime that he specifically said I could work. Is this retaliation?

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answered on Jul 10, 2023

Retaliation in the workplace generally refers to adverse actions taken by an employer in response to an employee engaging in protected activity, such as filing a complaint or participating in a union-related activity. If you believe that your supervisor canceled your overtime specifically because... View More

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