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Ohio Employment Law Questions & Answers
1 Answer | Asked in Employment Law and Social Security for Ohio on
Q: Are there laws regarding employers changing the retirement date set forth by employee ?

My sister has given the company she has worked for almost 20 years a Jan 31st, 2021 retirement date. They have come back with a Dec 31st, 2020 date. She has been top salesperson for years and has made them millions of dollars. Her social security starts in Feb 2020. She opted for Jan 31st so... Read more »

Neil Klingshirn
Neil Klingshirn answered on Nov 20, 2020

Your sister gets to choose when she wants to retire. If the company ends her employment before that, it is called termination. She would be entitled to unemployment compensation benefits at least until she retired and, if she proved that her age or some other unlawful reason motivated her... Read more »

1 Answer | Asked in Employment Law for Ohio on
Q: Can your employer cut my pay if I transfer to a new store and then come back to your hired store in Ohio?
Carrie Dyer
Carrie Dyer answered on Nov 4, 2020

Unless 1) you have a contract guaranteeing you a certain pay, or 2) your employer is reducing your pay for an unlawful reason (e.g. unlawful discrimination or retaliation), you do not have any legal recourse if your pay is cut.

1 Answer | Asked in Civil Litigation, Employment Discrimination and Employment Law for Ohio on
Q: I was hurt on the job... is the company supposed to pay me for the time off the doctor gave me?

If I return to work still in pain what are my options? Also, someone who isn’t HR told me not to return to work until she contacts me.

James J. Hux
James J. Hux answered on Nov 1, 2020

You may want to consider contacting a workers compensation attorney. You should be able to file a claim, and then return to work when you are actually able, not because you are forced back.

Attorney James J. Hux

Hux Law Firm, LLC

1 Answer | Asked in Employment Law for Ohio on
Q: I have a doctor's note restricting 3rd shift work due to seizures. Does my work legally have to accommodate me
Carrie Dyer
Carrie Dyer answered on Oct 21, 2020

It sounds like you would have a medical condition that qualifies you for protection under the Americans with Disabilities Act ("ADA"). Under the ADA, an employer does not necessarily have to provide you with the first accommodation you propose, but they are required to engage in an... Read more »

1 Answer | Asked in Employment Law and Workers' Compensation for Ohio on
Q: Boss left a letter on my desk saying I voluntarily resigned in a FB post and effective immediately leave. Was I fired?

The FB post was on my private personal account, it did not mention the business or anyone by name and my profile does not list where I work. I complained very angrily about her lack of enforcement on the mask mandates in the office and I did swear saying an A-hole customer was putting my health at... Read more »

Rhiannon Herbert
Rhiannon Herbert answered on Sep 16, 2020

Ohio is an at-will employment state, meaning you or your employer can terminate the employment relationship at any time and for any reason (as long as the reason isn’t discriminatory). It sounds like you have been fired here based on what happened. As for unemployment, your employer can challenge... Read more »

1 Answer | Asked in Contracts and Employment Law for Ohio on
Q: Can a contract automatically renew if there is a termination amendment stating written agreement needed for extension?

I have an employment contract that has a two year term and an ability to automatically renew on an annual basis after two years, however there is an amendment clause stating that the agreement cannot be amended, altered, modified or extended except by written agreement signed by each party. There... Read more »

Matthew Williams
Matthew Williams answered on Aug 22, 2020

If the contract says it automatically renews, and it says it cannot be changed except by written agreement signed by both parties, and there is no written agreement signed by both parties, then it automatically renews just like it says.

1 Answer | Asked in Employment Law, Workers' Compensation and Small Claims for Ohio on
Q: My workplace shorted me on my check it's been a week later and I have still not heard about any updates

I informed payroll, HR, and management the day I got paid That my check was short. I call everyday to ask for updates everday they tell me they are working on it and have to wait for the owner's approval to give me a check. They owe me 1300$ that supposed to be on my regular paycheck.

Kyle Anderson
Kyle Anderson answered on Aug 14, 2020

Hi. I would wait to hear what payroll, HR, and management say. Does missing that portion of your pay put you below the minimum wage? Is the check for any overtime you worked during the pay period? If so, you may have a claim. But I would try to resolve this internally since you are still working... Read more »

1 Answer | Asked in Employment Law and Workers' Compensation for Ohio on
Q: My question is about worker's compensation.

Over the last few years I've been injured at work 3 times and filed a workers comp claim for 2 of them (first and third). For those 2, my boss had me cancel each claim and say that I didn't need the benefits anymore. He wanted me to do this so his number of processed claims and insurance... Read more »

Neil Klingshirn
Neil Klingshirn answered on Aug 13, 2020

You are entitled to your last two paychecks.

Although it is not entirely clear that an agreement to waive workers compensation claims is enforceable, that is what your employer entered into. Specifically, your employer agreed to pay for (some) wages and medical costs if you did not file a...
Read more »

1 Answer | Asked in Employment Law for Ohio on
Q: Can an employer require you to change in & out of uniform at work while not on the clock?

Can a job require you to change into boots and a uniform on the premise before you punch in? And then make you punch out before changing back into your clothing?

James J. Hux
James J. Hux answered on Aug 10, 2020

In a lot of instances, this is not legal. You should contact an employment law attorney as soon as possible to discuss your 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: Can my employer track me on my personal phone while I'm using a time card app
Matthew Williams
Matthew Williams answered on Aug 5, 2020

Possibly. This is more of a tech inquiry than a legal one, but many apps collect real time location information from your phone.

1 Answer | Asked in Child Custody, Child Support, Employment Law and Family Law for Ohio on
Q: Is it likely possible my kids father who spends 1/2 a day a week at most with them to get shared time to avoid support?

We have been together off and on over 10 years. I’ve always took care of them and had them with me. He rarely ever spends time with them due to running a buisness and constantly working. No paternity test established other than store bought. He’s not on the birth certificates. I’ve been... Read more »

Joseph Jaap
Joseph Jaap answered on Jul 24, 2020

A court will review all the facts to determine what parenting arrangement is in the best interest of the children. Use the Find a Lawyer tab to retain a local family law attorney to review your situation and advise you.

1 Answer | Asked in Employment Law and Civil Litigation for Ohio on
Q: Is it unrealistic for me to seek 30 years salary in a promissary esstopel case? I make around 400k
Nicholas P. Weiss
Nicholas P. Weiss answered on Jul 16, 2020

I would need substantially more information to properly answer this. What was the nature of the promissory estopple? Why would you be unable to work for thirty years as a result of the breach of promise?

1 Answer | Asked in Employment Discrimination and Employment Law for Ohio on
Q: Can my employer down staff me for turning in my 2 week notice then have someone else work my hours?

I'm a STNA in Ohio and was recently removed from the schedule due to "down staffing" but then I found out that someone else is covering my hours. This was done out of spite and leaves me with no pay check. What are my options?

Rhiannon Herbert
Rhiannon Herbert answered on Jul 15, 2020

While employers may require their employees to give notice before they resign, they do not need to allow you to work through your termination notice period. So, in your situation, your employer need not let you work the full two weeks leading up to your resignation. This is because Ohio is an... Read more »

1 Answer | Asked in Business Law, Employment Discrimination and Employment Law for Ohio on
Q: In Ohio, can tan employer request a background check before making an offer?

The Company is in Cleveland Ohio, and requesting a complete background check. No offer made.

Hunter G. Cavell
Hunter G. Cavell answered on Jul 9, 2020

There are very specific privacy laws surrounding this. Talk with an employment attorney. Also, background checks are not free, so it is a good sign that they are requesting it, but I have only heard of background checks requested after a conditional offer is made and accepted. Talk to an employment... Read more »

1 Answer | Asked in Employment Law and Workers' Compensation for Ohio on
Q: Can you sue employer for getting covid from not providing a safe workplace from recognizable hazards?

My fiances work had a covid exposure so everyone had to get tested. They made them return to work without seeing the results and more employees tested positive thus resulting in further exposure. Is this something that can be taken to court for those who test positive because the employer did not... Read more »

Hunter G. Cavell
Hunter G. Cavell answered on Jul 8, 2020

First, your fiance would need to test positive for COVID, or another employee would want to sue. In every lawsuit, you must prove the four following things: duty, breach, causation, and injury. Your fiance's employer has a duty to provide him with a safe workplace. The question will become if... Read more »

1 Answer | Asked in Employment Law and Civil Rights for Ohio on
Q: My manager fired me for retaliation. What should I do now?

I worked in a restaurant kitchen. My manager wanted to fire me for a while because I once point out that she did not follow the rules announced on the very morning. She cut off my working time while added my working load. Then she ganged with other employee to harass me –to test my temperature... Read more »

Kyle Anderson
Kyle Anderson answered on Jul 1, 2020

Hi, more facts are needed here to fully evaluate your claim, but it doesn't appear your termination was unlawful based on what you stated here. Your termination could have been unlawful if it was based on your race, color, gender, religion, amongst other things. I would reach out to an... Read more »

1 Answer | Asked in Employment Law and Criminal Law for Ohio on
Q: I believe an employee recorded me on her cell phone without my knowledge. Is this legal and can the employee delete ?

she was told to do something several times that the work situation was hot and she didn't do it. I lost my temper and cursed.

Nicholas P. Weiss
Nicholas P. Weiss answered on Jun 29, 2020

As a matter of Ohio law, this is not illegal. Ohio is a one-party state for recordings, which means only one person has to be aware that the interaction is being recorded and consent to it to have the recording be legal. Her recording you at work may violate a corporate policy resulting in... Read more »

1 Answer | Asked in Employment Law for Ohio on
Q: Can my employer refuse a doctors note?

I was given a doctors note stating I can not wear a face mask, but my work said that since the doctor's note doesn't state why I can't wear one it's not a approved reason.

Rhiannon Herbert
Rhiannon Herbert answered on Jun 23, 2020

Under the Americans with Disabilities Act, your employer is obligated to engage in an interactive process with you to come up with a reasonable accommodation for a disability. If your employer has additional questions about what your disability is and how it restricts your ability to wear a mask to... Read more »

1 Answer | Asked in Employment Law for Ohio on
Q: I would like to know if I would qualify for some sort of wrongful termination case?

I am an independent contractor at a group mental health practice. I was informed that my supervisor has decided to terminate me from the company stating that my decision to open my own practice outside of hers is a conflict of interest. I informed her of my decision 3 weeks ago and she responded in... Read more »

Nicholas P. Weiss
Nicholas P. Weiss answered on Jun 23, 2020

SHe can terminate you for any non-discriminatory reason. The reason she gave, that you are directly competing with the business, is nondiscriminatory. She is allowed to terminate you.

1 Answer | Asked in Employment Law for Ohio on
Q: My fiance is on the sex offender registry and I work at a private high school. Can I be fired for that?

I do not reside near the school and they already told me that he is not allowed on campus.

Matthew Williams
Matthew Williams answered on Jun 10, 2020

In all likelihood you are an at will employee, which is the default in Ohio. You can be terminated for any reason so long as it doesn’t have to do with your membership in a protected class such as race, religion, or sex.

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