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Ohio Employment Law Questions & Answers
1 Answer | Asked in Employment Discrimination, Employment Law and Personal Injury for Ohio on
Q: Can employer work you past your doctors restriction on hours

I have a left foot injury before I started employment with my company and they was aware of previous surgery on ankle before I was hired after working for 7 months or so had several big knots in bottom of left foot that was causing me a lot of pain and discomfort my doctor put me on restrictions... Read more »

Nicholas P. Weiss
Nicholas P. Weiss answered on Feb 16, 2021

This sounds like you potentially have a claim for disability discrimination. If he terminated you because you could not or would not work beyond your work restrictions, that would be actionable.

1 Answer | Asked in Employment Law for Ohio on
Q: I have resigned from my job. I have given them two weeks notice. My question is do I have the right to receive unemploy

The 40 hour maximum. My boss for fear of corporate would dock my pay and I would receive no payment for the hours I work over 40 hours for the week

Matthew Williams
Matthew Williams answered on Feb 16, 2021

It can be very difficult to get unemployment benefits if you quit your job as your unemployment has to be through no fault of your own.

1 Answer | Asked in Employment Discrimination and Employment Law for Ohio on
Q: If you are working & on SSDI is an employer required to schedule IAW SSDI hours so you don't make too much & lose SSDI?

I work for a big box home improvement retailer. I have asked them repeatedly not to schedule me past 1260/mo income. I have previously notified SSDI of their actions & provided work with a doctor's note. I have repeatedly spoken to several managers past 3 months & they continue to... Read more »

Maurice Mandel II
Maurice Mandel II answered on Jan 26, 2021

You are probably an "at will" employee and subject to termination at any time, without the requirement of "good cause" however, you cannot be terminated for an illegal reason. You should consult directly with a local employee rights attorney about your situation.... Read more »

1 Answer | Asked in Employment Law and Constitutional Law for Ohio on
Q: Can a private company mandate the new covid vaccine without full FDA approval?

company is threatening to fire employees if they do not get the new covid vaccinations

Rhiannon Herbert
Rhiannon Herbert answered on Jan 20, 2021

Generally, the answer to this question is yes. Employers can require their employees to received COVID-19 vaccinations. However, if you have a medical condition that renders you unable to receive the vaccine, or you have a religious objection to receiving the vaccine, you may be entitled to an... Read more »

1 Answer | Asked in Business Law, Contracts and Employment Law for Ohio on
Q: I am 1099 employee with employment contract. If I get furloughed , does the company still owe $$ for previous sales?

I have an employment contract/non-compete agreement. Would this agreement be null and void also?

Drew Chalfant
Drew Chalfant answered on Jan 11, 2021

The terms of your contract between you and "employer" would govern what happens if services are suspended and you had made sales that qualify for payment prior to the suspension. Often times, employers will put people on 1099 arrangements when in fact they have a more traditional... Read more »

1 Answer | Asked in Employment Law for Ohio on
Q: Can an employer legally not pay you for hours worked if you did not write it down on your time sheet ? I didn't call off

They're saying if we don't write down our hours then they don't know what we work. And if we forget to write down a day we don't get payed for that day cause we didn't write it down .

Greg Mansell
Greg Mansell answered on Dec 15, 2020

Absolutely not. An employer must pay an employee for all hours actually worked. While they can discipline an employee for failing to write down hours, they cannot refuse to pay you if you actually worked the hours. Please feel free to reach out if your rights have been violated:... Read more »

1 Answer | Asked in Employment Law for Ohio on
Q: I am currently under a doctor ordered quarantine until the 11th my employers trying to force me to return today or fired

Can i be fired or pointed for obeying a doctor ordered quarantine .. I have only been in quarantine 7 days so far and my employer gave me the ultimatum of show up or be pointed and fired

Carrie Dyer
Carrie Dyer answered on Dec 9, 2020

By requiring that you return to work in violation of a doctor's instruction to quarantine, your employer may be violating the sick leave provisions of the Families First Coronavirus Response Act. You would first need to determine if you are eligible for protection under these provisions. As... Read more »

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 »

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