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Ohio Employment Law Questions & Answers
1 Answer | Asked in Employment Law for Ohio on
Q: Once a business offers you a position, contract signed, are they able to rescind the offer weeks later

I accepted an ER manager position at a different health care facility and signed a contract with the institution regarding wage and sign on bonus. I asked to give 4 weeks notice to my current employer to allow for smooth transition in which they agreed and a start date of 4/13/2020 was given. I... Read more »

Nicholas P. Weiss
Nicholas P. Weiss answered on Mar 31, 2020

You do have recourse. They are not able to rescind an offer once you accept it. They are using that word, rescind, but really what they're doing is terminating the contract.

Before you start looking at recourse, see if you can get your old job back. Regardless of what happens with the...
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1 Answer | Asked in Criminal Law and Employment Law for Ohio on
Q: Can I get a job in law enforcement with a felony

I was charged with a non violent third degree felony and was told I could get it expunged but looked now. It doesn’t look like I can anymore and so I was looking into jobs in the criminal justice field and I know it would be very hard but I wanted to know if I would need to have the charge... Read more »

Matthew Williams
Matthew Williams answered on Mar 30, 2020

Most F3 offenses can be sealed. What were you convicted of?

As for law enforcement jobs, it could be tough. First, they can see a sealed record during their hiring process so it would still be an issue. Second, depending on the offense, and other factors, you may not be able to restore...
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1 Answer | Asked in Employment Law for Ohio on
Q: Is there an OSHA or PERRP policy that during a pandemic, a Doctor's note is not required for sick time?
Neil Klingshirn
Neil Klingshirn answered on Mar 28, 2020

No.

The Coronavirus Paid Sick Leave Act requires employers to pay for sick leave and it has its own certification rules. Therefore, if you miss work for a coronavirus related reason, the Paid Sick Leave Act might dictate the documentation that you need to provide to get government...
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1 Answer | Asked in Employment Law and Contracts for Ohio on
Q: Would a lay-off due to the corona virus void my apprenticeship contract with my current employer.

I am in an apprenticeship program with a company that pays for my schooling. I signed the contract as a way to secure a job for 6 years. Now three years later management has become very toxic and it is just not a company that i want to work for anymore. The problem is if i were to leave the company... Read more »

Joseph Jaap
Joseph Jaap answered on Mar 26, 2020

It all depends on the exact terms in the contract and all the other circumstances of the layoff and the current virus orders. The legal impact of layoffs because of the virus are unknown, and the courts will have to sort that out over the coming months and possibly years. Your company should... Read more »

1 Answer | Asked in Employment Discrimination and Employment Law for Ohio on
Q: can my employer force me to work 24 hrs. then use my PTO to cover the other 16 hrs. of the 40 hr.week? I am a salaried

exempt employee. i thought no matter how many hours i work i am guaranteed my salary.

Rhiannon Herbert
Rhiannon Herbert answered on Mar 25, 2020

This depends on whether you performed work on days your employer required you to use your PTO. Under the Fair Labor Standards Act, employers may take deductions from a salary exempt employee's earnings if you are absent from work for one or more FULL days for personal reasons other than... Read more »

1 Answer | Asked in Employment Discrimination and Employment Law for Ohio on
Q: A salaried restaurant manager in Ohio with us being closed due to COVID-19 does my employer still have to pay me?
Neil Klingshirn
Neil Klingshirn answered on Mar 17, 2020

In a word, no. Ohio employment at will law says that, absent an agreement otherwise, an employer has no obligation to pay an employee after terminating the employment other than paying the employee for work done up to that point.

However, loss of work due to a coronavirus shutdown ordered...
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1 Answer | Asked in Employment Law for Ohio on
Q: I was not paid by my employer, it's been over 3 weeks since the pay period and still nothing. I'm in ohio. What can Ido?

I only briefly worked for this company for around 3 weeks I was hired on the spot and started a few days later with no Training whatsoever. Mind you, it's a home care position. I had given all documents required for employment to a manager who did my interview. I tried for days to contact.... Read more »

James J. Hux
James J. Hux answered on Feb 25, 2020

Sometimes the government agencies are limited on what they can recover for you.

I'm not necessarily seeing anything in your question that would prevent you from getting the full $13/hr. The only way to know for sure is by contacting an employment law attorney as soon as possible....
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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...
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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... 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.... 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 »

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