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Ohio Employment Law Questions & Answers
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.

1 Answer | Asked in Employment Discrimination and Employment Law for Ohio on
Q: I never received my paycheck from my previous employer. What are my options if the employer is non responsible?

The company's name is Beltmay LLC in Los Angeles, CA. Their address is 1801 Century Park E, #1540,

Los Angeles, CA 90067. This is the only address I can find for it but I believe this company is fraudulent. I have reported it to the BBB but they were not helpful.

Kyle Anderson
Kyle Anderson
answered on May 27, 2024

Hello,

How many hours did you work? All employers are required under state and federal law to pay their employees at least the minimum wage for all hours worked. I would reach out to an attorney to discuss your options.

1 Answer | Asked in Cannabis & Marijuana Law and Employment Law for Ohio on
Q: Can I take legal action if I had to succumb to a drug test because I was accused of smelling like weed but I passed it
Nicholas P. Weiss
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answered on Feb 16, 2024

No. There are no employee legal protections in Ohio for being credibly accused of using marijuana and required to take a drug test.

2 Answers | Asked in Employment Law for Ohio on
Q: Caregiver says her company will sue her for $1000s if she quits the company and I hire her . Is this true or possible?
Nicholas P. Weiss
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answered on Oct 19, 2023

It is likely that her contract with her company contains non-compete and non-solicitation clauses that would prohibit her from sniping clients from them. There is likely a liquidated damages clause in the contract that the company would use to prevent her from working for you directly.

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1 Answer | Asked in Employment Law for Ohio on
Q: I’m a physician. I was fired from my job bc I was yelling at another doctor in the break room. First offense.

I yelled at a coworker in the break room in front of another peer. I did not use threatening language, but used two profanities.

John Michael Frick
John Michael Frick
answered on Oct 13, 2023

There is no question in your question. So I'm guessing as to the substance of your inquiry.

Because you were fired for just cause, you may not be entitled to recover unemployment compensation.

1 Answer | Asked in Employment Law for Ohio on
Q: Caregiver says her company will sue her for $1000s if she quits the company and I hire her privately. True?
T. Augustus Claus
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answered on Oct 12, 2023

It depends on the terms of the caregiver's employment contract and the laws of Ohio. If the caregiver's employment contract contains a non-compete clause, the caregiver company may be able to sue the caregiver if they breach that clause by going to work for a competitor. However, there is... View More

1 Answer | Asked in Employment Law, Employment Discrimination and Sexual Harassment for Ohio on
Q: Can I sue an attorney I worked for that blatantly sexually harassed me on a daily basis? It was in 2019-2020.

I do realize that I have proof of it. Also, I have been seeing a therapist, and it has come to light that many of my anxiety issues are related to this abuse. I was not the only paralegal he abused either.

Neil Klingshirn
Neil Klingshirn
answered on Oct 5, 2023

The statute of limitations in Ohio for sexual harassment that occurred before April of 2021 is six years, so you can still pursue a claim. The statute of limitations under federal law (Title VII of the 1964 Civil Rights Act) is 300 days.

1 Answer | Asked in Employment Law for Ohio on
Q: I was laid off from my job and will receive 4 weeks severance pay. I live in Ohio. When should I file for unemployment?
Neil Klingshirn
Neil Klingshirn
answered on Oct 4, 2023

Apply when your severance runs out, unless the severance agreement states that your severance pay is allocated to the last day that you worked, in which case file when you are laid off.

1 Answer | Asked in Contracts and Employment Law for Ohio on
Q: I'm listed 10% owner of LLC that files as an S-Corp. Form 2553 lists the breakdown of ownership. The 51% partner sold

the company privately for an undisclosed price and now wants to "make me whole" by making 20 payments of $500 or $10,000 total to compensate for my 10%. That would mean the company is being valued at $100,000--equal to the salary of a current employee.

I can't accept this... View More

Joseph Jaap
Joseph Jaap
answered on Sep 28, 2023

Your rights as a minority 10% owner are determined by the LLC's Operating Agreement and any buy-sell or other agreements. Use the Find a Lawyer tab to retain a local business law attorney to review those agreements and advise you of your options.

1 Answer | Asked in Tax Law, Employment Law and Federal Crimes for Ohio on
Q: My husband’s employer is taxing the refund check for our medical insurance. Is this legal

My husband’s employer told us if we paid for our own insurance health insurance they would give us a refund check for the amount each month so we paid for two months in advance because the insurance company told us to the employer gave us a refund check, but they taxed it. We already paid taxes... View More

James L. Arrasmith
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answered on Sep 14, 2023

Taxation on insurance refunds can vary depending on the specific circumstances and applicable tax laws. It's advisable to consult with a tax professional or accountant to review the details of your situation and determine whether the taxation of the refund check is in compliance with relevant... View More

1 Answer | Asked in Employment Law for Ohio on
Q: I live in Ohio. Should 3rd shift differential pay be included with vacation pay if that is my regular shift? Thank you!
T. Augustus Claus
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answered on Aug 31, 2023

In Ohio, whether 3rd shift differential pay should be included with vacation pay can depend on company policies and employment agreements. It's recommended to review your employment contract, company handbook, or any relevant documents that outline the terms of your compensation and benefits.... View More

1 Answer | Asked in Employment Law, Personal Injury and Sexual Harassment for Ohio on
Q: I have on going charges against my employer and don't if I should settle or not.

I filed charges with state agency.

Tim Akpinar
Tim Akpinar
answered on Aug 29, 2023

An Ohio attorney could advise best, but your question remains open for a week. At this point, one option is to try to arrange a free initial consult with an attorney to review your file in detail. Good luck

2 Answers | Asked in Employment Law, Immigration Law and International Law for Ohio on
Q: They forgot to send me a contract, now 6 months in they are asking me to sign

Hi, I am currently working 6 months in my company and no plans to leave. I am an immigrant, they sponsored me to be here. Now they are asking me to sign a contract that binds me to work for them for 3 years or pay a huge amount of money. They said they sent it to me last 2022 but I have proof they... View More

Tim Akpinar
Tim Akpinar
answered on Sep 2, 2023

It's going to be difficult for attorneys to offer meaningful and definitive guidance on something like this without seeing the contract. And the format here isn't set up for uploading of contracts or other confidential documents for review - it's limited to short format questions.... View More

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