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Ohio Employment Law Questions & Answers
1 Answer | Asked in Employment Law for Ohio on
Q: Can an employer charge you for quitting?

They said we’re required to give 30 days notice and if we don’t, they’ll charge us $500.

Rebecca Hill
Rebecca Hill answered on Jan 14, 2022

There is not enough information here to fully answer your question. Do you have an employment contract that requires you to provide your employer with 30-days notice before ending your employment? Are you paid on an hourly basis? If you are an hourly employee and not a properly classified exempt... Read more »

1 Answer | Asked in Employment Discrimination and Employment Law for Ohio on
Q: What does section 124.31 mean for Ohio employee?
Matthew Williams
Matthew Williams answered on Dec 20, 2021

It means the civil service should promote from within, rather than hiring new people into higher level jobs, whenever possible. But the language is pretty loose, so I wouldn't say it creates any kind of absolute right of a lower level employee to be considered to the exclusion of a... Read more »

1 Answer | Asked in Employment Law for Ohio on
Q: Is it illegal for an employer to ask you to transport an item that is suspected to have an illegal substance in it?

My employer told me I was going to transport an item what is believed to contain an illegal substance. What can happen to my employer? I am in Human Resources and I am in no way shape or form associated with any form of law enforcement. It is unknown if the belongings has an illegal substance... Read more »

Anthony C. Satariano
Anthony C. Satariano answered on Oct 15, 2021

This largely depends on your employment. If you are a crime lab technician or a law enforcement officer, then transporting illegal substances happens every day and is perfectly legal. If you are a pizza delivery person and your boss asks you to transport drugs, that is a very different story. More... Read more »

1 Answer | Asked in Employment Law, Bankruptcy, Tax Law and Arbitration / Mediation Law for Ohio on
Q: Can an employer be pursued for monies incorrectly withheld and paid to a municipality due to an acknowledged error?

Hired in 2005, I moved to a virtual role during 2012. Following a bankruptcy discharge in 2018 I was notified of a municipal income tax deficiency owed to my residence city. Upon receipt of the notification I worked with the tax authority to attempt to reconcile. This included providing copies of... Read more »

Timothy Denison
Timothy Denison answered on Sep 1, 2021

Yes.

1 Answer | Asked in Employment Law and Intellectual Property for Ohio on
Q: I want to put something I created into my portfolio, but I work under an NDA and employer IP rights.

I'm a designer. The item is available for public availability on the company website and in advertising. It's to showcase for my personal portfolio for future employers. I signed an NDA when I was hired and our employee handbook shows my employer has exclusive rights to anything and... Read more »

Marcos Garciaacosta
Marcos Garciaacosta answered on Aug 18, 2021

Depending on what it is you probably are out of luck

Consult with an attorney

You may be able to create something similar to show, something that is not infringing in your employer's rights

1 Answer | Asked in Employment Law, Landlord - Tenant, Sexual Harassment and Tax Law for Ohio on
Q: I have a few questions about eviction and sexual harassment in the workplace and my right to get my taxes back from the

I have a few questions about eviction and the right to get my taxes back from the hotel I was residing in. I think it will be a very easy case , and I was residing at the hotel when I was confronted by the general manager for allegedly soliciting, but I was told to be smart and not to have any... Read more »

James J. Hux
James J. Hux answered on Aug 3, 2021

This doesn’t really sound like an easy case and is complicated. Make sure you contact an employment law attorney as soon as possible to discuss this in more detail. Some will offer free initial consultations.

Attorney James J. Hux

Hux Law Firm LLC

1 Answer | Asked in Employment Law for Ohio on
Q: Is my wife's company breaking the law by not properly compensating her for the job they are requiring her to do?

My wife's job is requiring her to do a job she is not paid to.

They are requiring her to complete lead teacher responsibilities and will not give her the pay raise that goes along with it. they say she does not have the qualifications. She filled in for the former lead teach when she... Read more »

Carrie Dyer
Carrie Dyer answered on Jul 13, 2021

In Ohio, an employer can generally change an employee's job duties and responsibilities at any time for any reason, without any adjustment to compensation. If your wife's employer's practice is violating a term of a Collective Bargaining Agreement, she could contact her union for... Read more »

2 Answers | Asked in Employment Law for Ohio on
Q: In Ohio, am I required to probvide a doctor’s note if I refuse to do a job that I was not hired to do?

I was hired for customer support/call center. For 3 weeks, my manager has had customer support doing warehouse jobs- picking & shipping.

Carrie Dyer
Carrie Dyer answered on Jul 7, 2021

Generally, your employer can change your job description and job duties at any time for any reason, regardless of whether you were hired to do a particular job. However, if there is a medical reason that you cannot complete the job duties of the warehouse position, then you can request an... Read more »

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1 Answer | Asked in Contracts, Medical Malpractice and Employment Law for Ohio on
Q: Can I sue my dr?

I had turned in paperwork for FMLA to my dr at an appointment. I filled everything out on my end and paid the fee to have it done. I was fired from my job of 10 years due to points and the fact that the fmla paperwork didn't get turned in. Before the due date of my paperwork I had called my dr... Read more »

Joseph Jaap
Joseph Jaap answered on Jun 24, 2021

Use the Find a Lawyer tab to retain a local employment law attorney who can review all the facts of the situation and your termination and advise you, and then contact your employer about any violation of FMLA that the employer might have done. That might get your job back.

1 Answer | Asked in Employment Law for Ohio on
Q: Do I qualify to be an exempt salary employee?

I am currently working as a receptionist and I gross $24,000 annually. My boss told me I was salary exempt but I don't believe my compensation or job description qualify me for this. I'm working 60+ hour weeks and would like to know if I'm being taken advantage of. I am also having... Read more »

Rhiannon Herbert
Rhiannon Herbert answered on Jun 23, 2021

In order to be properly classified as an exempt employee, your employer must prove that you meet both a "salary basis" test and a "duties" test. As part of the salary basis test, employees must be paid at least $684.00 per week in order to be paid on a salary basis. Based on... Read more »

1 Answer | Asked in Employment Law for Ohio on
Q: If I worked 2 days and quit, am I supposed to get pay for one or both days?

I quit due to commute issues and other personal reasons and I checked the company payroll app to see how much I’m supposed to get paid but it only says I get paid for one day. Is this correct or should I get in contact with the payroll manager?

Kyle Anderson
Kyle Anderson answered on Jun 17, 2021

Hello, more information is needed here. The company is required to pay you at least the minimum wage for all hours you worked and and time and a half of our hourly wage if you were paid hourly for all hours worked above 40 in a workweek. I would wait to see how much you are paid and then reach out... Read more »

1 Answer | Asked in Employment Law, Personal Injury, Civil Litigation and Civil Rights for Ohio on
Q: My daughter is being harassed by a teacher. Is there a way to get a letter out to make it stop?

The teacher has targeted my daughter on multiple occasions and after having a sit down meeting with her and the principal, how can I get notice to her that legal action will be taken to stop the harassment?

Tim Akpinar
Tim Akpinar answered on Jun 5, 2021

An Ohio attorney could advise best, but your post remains open for two weeks. Such a letter could be possible. If you consulted with an attorney, before writing such a letter, they would probably want to know more about the matter and all the issues involved, as well as protocols followed by the... Read more »

1 Answer | Asked in Car Accidents and Employment Law for Ohio on
Q: I was in a work truck hauling a trailer. I jackknifed the trailer to far and messed up the truck. Who pays damages?

No injuries occurred. I was on the job. Pulling away from a job site.

More clarity on accident : Made a wrong turn out of a house. Went to turn around in a driveway. While backing out the trailer jackknifed to far and hit the bumper messing up the back end a little. Company is trying to... Read more »

Andrew Popp
Andrew Popp answered on May 25, 2021

To a certain extent it depends on the agreement you had with the company. If the crash was due to your actions you may be liable, at least to some extent. You may want to contact your insurance company. Depending on the policy, they will usually pay for the damages. For a definitive answer I... Read more »

1 Answer | Asked in Employment Law for Ohio on
Q: I work for securitas and they have not paid me in almost a month, what do i do?

I have been to the main office i have called the help desk many times and i keep being told there is nothing they can do i have worked here for a few months.... i have bills coming up and am about to lose everything. I need legal help

James J. Hux
James J. Hux answered on May 21, 2021

If you just started, you may have started in the middle of a pay period so your pay may not be processed yet. If that's not the case, you should contact an employment law attorney, like myself and others on Justia, to discuss your case in more detail. Some will offer free initial... Read more »

1 Answer | Asked in Employment Law for Ohio on
Q: I believe that my employer is in violation of HIPPA and discrimination laws. Required to show health card or wear mask.
Matthew Williams
Matthew Williams answered on May 19, 2021

While some people are trying to pursue litigation on these issues, they are very likely to fail. First, it is not unlawful discrimination. Unlawful discrimination involves discriminating against a person solely because of their membership in a protect class like race or religion. The classes are... Read more »

1 Answer | Asked in Employment Discrimination and Employment Law for Ohio on
Q: Is it legal for a employer to have people that got the vaccine stop wearing masks but make the ones who didn't wear them

Wouldn't that fall under discrimination?

Matthew Williams
Matthew Williams answered on May 19, 2021

Discrimination laws are not concerned with the vaccine status of an individual. It is illegal to discriminate against people due to their membership within a protected class such race, sex, or religion. Other forms of discrimination, for example only hiring licensed medical doctors to be hospital... Read more »

1 Answer | Asked in Employment Law and Workers' Compensation for Ohio on
Q: Can I sue for withholding payment and emotional trauma?

I worked as a mortician's assistant for 1 FULL SHIFT (9 am - 5pm). Helped move multiple dead bodies, and after that 1 day, decided I can't handle the stress and sight of the dead rotting bodies. And after that, they are refusing to pay me for my time, even though the director said himself... Read more »

Andrew Popp
Andrew Popp answered on May 13, 2021

Probably not for the emotional trauma. It sounds like what you experienced is within the parameters of your job. In other words, a jury would likely find that you should reasonably have known what to expect. If you worked and they have refused to pay you, then yes, you can sue for the one... Read more »

1 Answer | Asked in Employment Law for Ohio on
Q: Can my employer deny me the right to come back to work due to a medical restriction

I won't be able to lift more than 15 pounds and I work in a gas station

James J. Hux
James J. Hux answered on May 10, 2021

There are some circumstances where a company does not have to accommodate. But they need to still discuss options with you before they just come to that conclusion. You should contact an Ohio employment attorney to discuss your situation in more detail. Some will offer free initial... Read more »

1 Answer | Asked in Employment Law for Ohio on
Q: My company in ohio is says that if we forget to clock out for our 30 minute lunch, they will dock us 1 hour. Is it legal
James J. Hux
James J. Hux answered on May 6, 2021

You would need to discuss with an employment law attorney in more detail to be sure, but this definitely sounds like a wage violation. Please reach out to an employment law attorney as soon as possible to discuss what options you have.

Attorney James J. Hux

Hux Law Firm, LLC

1 Answer | Asked in Employment Law, Arbitration / Mediation Law and Employment Discrimination for Ohio on
Q: Former employer's HR retaliated against me for reporting racism in the workplace. I later quit and HR denied benefits/UI

HR (and other supervisors) refused to do anything about racism in the workplace. They lied about company policy and my ability to resolve the issues on my own. And Later when I quit due to these and other conditions, they denied paying out vacation that I was eligible for and entitled to because... Read more »

Kyle Anderson
Kyle Anderson answered on Apr 28, 2021

Hi, more information is needed here. Complaints about racism in the workplace may be protected under Title VII. I would reach out to an employment law attorney in your state for a consultation.

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