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Ohio Employment Law Questions & Answers
1 Answer | Asked in Employment Law and Civil Rights for Ohio on
Q: Concern about bathroom policy at Walmart regarding gender identity.

I work at Walmart, and I've noticed that a bearded man with a ponytail is using the women's restroom. I haven't discussed this with anyone and am concerned about bringing it up because I fear losing my job. This situation is very shocking to me, and I'm uncertain about the... View More

James L. Arrasmith
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answered on Mar 27, 2025

I understand your concern about this sensitive workplace situation. It's natural to feel uncertain when facing something unfamiliar, especially in shared spaces like restrooms. Before taking any action, you might want to review Walmart's official policies on gender identity, which... View More

1 Answer | Asked in Civil Rights, Employment Law, Gov & Administrative Law and Internet Law for Ohio on
Q: Harassment via unauthorized RFID, phone hacking, tampering of vehicle and home systems, law enforcement refusal.

I've been experiencing severe harassment, including unauthorized RFID implantation, constant stalking, threats, and several invasions of privacy. Law enforcement has refused to take my reports, and my vehicle has been tampered with to affect its operability. My phone has been hacked to... View More

James L. Arrasmith
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answered on Mar 24, 2025

I understand how distressing and isolating these experiences must be for you. When facing situations where you feel your safety and privacy are compromised, documenting everything is crucial. Keep detailed records of all incidents with dates, times, and descriptions, and if possible, gather any... View More

1 Answer | Asked in Civil Rights, Employment Law and Libel & Slander for Ohio on
Q: Can I sue Walmart for forced confession, distress, and reputation damage?

I was a former employee at Walmart, where I was accused of stealing and felt forced to write a confession under pressure, leading to my termination just before receiving a bonus. Despite visiting the store a couple of times post-termination to say goodbye to friends, I was warned against... View More

James L. Arrasmith
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answered on Mar 24, 2025

Your situation with Walmart involves several potential legal issues that merit exploration. You might have grounds for legal action based on the circumstances surrounding your forced confession, termination before bonus payment, and the subsequent treatment you've received when visiting the... View More

1 Answer | Asked in Employment Law for Ohio on
Q: Is offering a $50 personal sales incentive a bribe under Ohio law?

I am a manager at a carwash franchise in Ohio. Recently, I challenged an associate to see if he could make more sales than me in one day and offered a personal incentive of $50 if he succeeded. Our company policy allows for company-provided incentives up to $100, but it doesn't address... View More

Nicholas P. Weiss
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answered on Mar 18, 2025

It's not a bribe. However, you could be opening yourself up to joint-employer liability by paying him in addition to the company paying him.

1 Answer | Asked in Social Security, Tax Law and Employment Law for Ohio on
Q: Effect of paid employment on SSDI benefits in Ohio.

I am currently a finance officer at an American Legion in Toledo, Ohio, and I've been a volunteer there for two years. I am receiving Social Security Disability Insurance (SSDI) benefits. The Legion now wants to put me on the payroll and deduct taxes from my income. I am concerned about... View More

James L. Arrasmith
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answered on Mar 16, 2025

Transitioning from volunteer to paid employment can impact your Social Security Disability Insurance (SSDI) benefits, depending on your earnings and work activity. The Social Security Administration (SSA) sets limits on how much you can earn while still receiving full disability benefits. For 2025,... View More

1 Answer | Asked in Employment Law, Social Security and Tax Law for Ohio on
Q: Seeking advice on unpaid Social Security and legal actions after 30+ years of employment in Ohio without formal documentation.

I have worked for an individual for over 30 years without paying into Social Security, and neither has my employer. I have no formal employment documents, but she has used me as an expense on her taxes, and I have received a vehicle and apartment for my use. I am looking for advice on potential... View More

James L. Arrasmith
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answered on Mar 16, 2025

Your situation is complicated but important to address. If you've worked for someone for over 30 years without paying into Social Security, your retirement and disability benefits could be significantly impacted. Because neither you nor your employer contributed, you may face difficulties... View More

1 Answer | Asked in Employment Law, Tax Law and Social Security for Ohio on
Q: My rights if no social security tax was paid for me as a property manager for 30 years in Ohio?

I have been working as a property manager and handyman for someone for 30 years, maintaining and repairing her apartment buildings. There was never any social security tax paid by either of us for me, and I suspect she might have used me as an expense on her tax returns. I did not have any written... View More

James L. Arrasmith
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answered on Mar 16, 2025

Your situation sounds complicated, but you do have important rights. First, it's possible you've been misclassified as an independent contractor when you might actually be considered an employee, especially given your long-term arrangement, the ongoing provision of an apartment, vehicle,... View More

1 Answer | Asked in Employment Law for Ohio on
Q: My employer pays straight time not time and a half for overtime.Does he owe me the difference he’s paid or time and a ha
Bruce Martin Broyles
Bruce Martin Broyles
answered on Feb 16, 2025

You need to contact an employment attorney. Your employer is responsible for keeping track of your hours and for paying overtime for any hours more than 40 hours worked in a week.

1 Answer | Asked in Employment Law for Ohio on
Q: Employer Deliberately Avoids FMLA Solution/Potential for documented medical issue up through termination.

Medical Issue causes employee to miss significant work days. Medical issue documentation is shared to employee's boss / interested parties. Over time boss communicates clearly to the employee that this is an issue that could result in termination if not resolved. Continues to pressure employee... View More

Kelly A Rochotte
Kelly A Rochotte
answered on Feb 4, 2025

This is a description of events. What is the question?

1 Answer | Asked in Employment Discrimination and Employment Law for Ohio on
Q: COVID Can my employer terminate me if I had a doctors excuse that stated my return to work was contingent upon recovery

Hi. okay so around December 25th I was scheduled to go to work, however I didn’t feel well at all I went to the doctor and found out that I had Covid 19 ! So my doctor wrote an excuse for me and it said that I needed to be off bc I had Covid 19 and that normally it takes between 48-72 hours to... View More

Kelly A Rochotte
Kelly A Rochotte
answered on Feb 4, 2025

Unfortunately, there isn't enough information included here to give a legal response. The timeline appears that the employer did not receive the note until after you were out for several weeks. It is probable that failure to appear or communicate with your employer would subject you to... View More

1 Answer | Asked in Civil Rights, Employment Discrimination and Employment Law for Ohio on
Q: Can I take former employer to Court for Emotional Distress (associated with possible Disability Discrimination).

I got a job with help from Ohioans with Disabilities at City Hall in Euclid. I was doing well but with HR advice I switched to another job as I was facing harassment and bullying. HR encouraged me to seek employment at EPD since they were mental health friendly. I never received bad reviews or... View More

James L. Arrasmith
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answered on Jan 21, 2025

I'm very sorry to hear about your difficult experience - dealing with workplace discrimination and sudden job loss while grieving your grandmother must have been incredibly painful. Your situation raises several concerning elements that could support a legal case for emotional distress and... View More

1 Answer | Asked in Employment Law and Business Law for Ohio on
Q: Getting laid off - no non-compete signed. Can I be told I can't take a job if I'm contacted for one?

I am Getting laid off - no non-compete signed. A company reached out to me and I interviewed and was offered a position. My company laying me off called me today to let me know that i can work for a competing agency but they are not permitted to reach out to me. They said they have a list of... View More

Nicholas P. Weiss
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answered on Nov 17, 2024

If they have such a series of agreements, they violate federal anti-trust law and are unenforceable. You are fine to go work for them.

1 Answer | Asked in Employment Law and Immigration Law for Ohio on
Q: Can I change jobs as soon as I get my green card if the employer made my role very unhappy?

I am sponsored for a green card with my current employer, but my supervisor has made my work environment bad through retaliation for something I raised, can I move companies/jobs as soon as I get my green card?

James L. Arrasmith
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answered on Nov 15, 2024

Once you receive your green card, you gain permanent resident status which gives you the freedom to work for any employer in the United States. Your green card status is not tied to your sponsoring employer.

However, if you received your green card through employment-based sponsorship, you...
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3 Answers | Asked in Employment Law and Immigration Law for Ohio on
Q: My boyfriend in Ghana wants to migrate to USA for work.

What documentation and applications are needed, and what direction do we go to begin the entire process? He is open to work in any field but has skills in digital/graphic design.

Carlo Franco L. Borja
Carlo Franco L. Borja
answered on Nov 9, 2024

A US employer must file a petition to sponsor him for an employment based visa

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1 Answer | Asked in Employment Law for Ohio on
Q: How long should my lawyer wait to hear back from ex employer after settlement demand is sent?

It’s been about 70 days, all my lawyer said was they haven’t heard anything back yet. Ok? So what exactly how long are you going to wait?

Nicholas P. Weiss
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answered on Oct 11, 2024

There are way too many unknown facts here to give an accurate answer. As a general rule, the next step after a demand letter is ignored is to file a claim. If it is an employment claim, this generally starts with an administrative filing in the EEOC or OCRC.

1 Answer | Asked in Employment Law for Ohio on
Q: I was terminated from my job due to a client leaving, not due to me. I am a 61 year old female, with 9 years

My position was client manager, salaried position

Bradley Mancuso
Bradley Mancuso
answered on Oct 10, 2024

There is just not enough information here to give a fully-informed legal opinion. I strongly recommend contacting an employment lawyer who can get more information about your employment situation and then can give you a thorough analysis.

1 Answer | Asked in Employment Law and Tax Law for Ohio on
Q: Can an employer put a "settlement" check with a payroll check?

Was salary, thought I wasn't paid right, owner kinda agreed and put what we agreed to with a payroll check and they took the whole payroll check for taxes

James L. Arrasmith
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answered on Sep 16, 2024

Yes, an employer can issue a settlement check with a payroll check, but it can have tax implications. If the settlement is considered wages or back pay, it will be subject to payroll taxes like any regular paycheck. This means that the amount agreed upon could be reduced significantly once taxes... View More

1 Answer | Asked in Employment Law for Ohio on
Q: My daughter is leaving her job at a non-profit is she entitled to be paid for earned time off?

He IS HR and every other role and the handbook is 4 pages long and not addressed in any way. She has contacted former co-workers and they said that they weren't paid. Most were so happy to leave they didn't ask. Vacation and sick time are one bank. Any thoughts?

Kyle Anderson
Kyle Anderson
answered on Aug 10, 2024

Generally, the employer can follow its established policy of paying out or not paying out accrued PTO. If it does not have a policy, then it must pay out vacation time. Sick time is less clear.

1 Answer | Asked in Employment Law for Ohio on
Q: I am an Occupational therapist and paid salary. We have a set number of points we are expected to see but if under or

over, we are paid the same. Our company is partnering with another company we will be employed by. They will pay us per point.

They are adjusting points to line up with our current salary, but if we are under points for the week we will get paid less, so if volume down, meaning not as many... View More

Kyle Anderson
Kyle Anderson
answered on Jul 9, 2024

Hi, more information is needed in this case. Specifically, how is a "point" determined to have been attained and how much is paid per "point." I'd reach out for a consultation.

1 Answer | Asked in Employment Law for Ohio on
Q: I have an aproved fmla for mingraines and i just got suspended 10 days because suposley i need a doctor note evertime i
Kyle Anderson
Kyle Anderson
answered on May 27, 2024

Hello,

FMLA issues are usually fact intensive determinations. Many questions need to be answered, and there is not enough information here to provide a proper analysis. I would reach out to an attorney to discuss this matter ASAP.

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