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Ohio Employment Law Questions & Answers
1 Answer | Asked in Employment Law for Ohio on
Q: If I earn above minimum wage and earn tips in Ohio can my employer keep the tips if I quit without notice?
T. Augustus Claus
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answered on Jul 31, 2023

In Ohio, tips are generally considered the property of the employee who receives them. The employer is not allowed to keep employees' tips unless there is a valid tip pooling arrangement in place, where tips are shared among employees based on a predetermined agreement.

If you quit...
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1 Answer | Asked in Employment Law for Ohio on
Q: Can your employer dock your pay or charge you a fine for failing to clock in?

Employer wants to charge staff 10 dollars for every instance of failure to clock in.

T. Augustus Claus
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answered on Jul 26, 2023

In Ohio, employers are generally required to pay employees for all hours worked. If an employee forgets to clock in, it is the employer's responsibility to ensure accurate record-keeping of hours worked. Docking an employee's pay or imposing a fine for failing to clock in could... View More

1 Answer | Asked in Employment Discrimination and Employment Law for Ohio on
Q: If I don't get overtime till 55 hours weekly, can I be forced to work 6 days a week?

Im a desiel mechanic and my company took away overtime after 40 hours sometime last year. Now we must work 55 hours before overtime. They are now requiring that we work 6 days out of the week. Is this legal even though I'm not making overtime until I reach 55 hours?

T. Augustus Claus
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answered on Jul 24, 2023

If they are not paying you overtime until you reach 55 hours, this could violate federal and state overtime laws.

1 Answer | Asked in Employment Law for Ohio on
Q: I called off work because my hot water tank exploded and flooded my basement, my boss wants pics as proof, is that legal
T. Augustus Claus
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answered on Jul 18, 2023

In general, employers have the right to request reasonable documentation or evidence for absences or situations that affect your ability to work. However, the specific requirements may vary depending on company policies and state laws.

As for whether it's legal for your boss to ask for...
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1 Answer | Asked in Employment Law for Ohio on
Q: i am a salaried employee, we have a scheduled shutdown for 1 week.if i work 48 hours why do i need to have8 hr PTO

i am being told even though i work 4 shifts of 12 hours during our planned shutdown, i have to submit 8 hours PTO to cover a 5 day work week in order to receive my full salary for the week

Tim Akpinar
Tim Akpinar
answered on Jul 17, 2023

An Ohio attorney could advise best, but your question remains open for three weeks. It was probably overlooked all this time under the "Uncategorized" heading. Some questions go unanswered here, but you could try reposting under the "Employment Law" heading. Good luck

2 Answers | Asked in Employment Discrimination, Employment Law and Health Care Law for Ohio on
Q: Hipa Law discrimination

put on a Safety Hold due to medical reasons . I am a Truck Driver

Maurice Mandel II
Maurice Mandel II
answered on Jul 10, 2023

Your medical condition could constitute a physical disability for which you are entitled to a reasonable accommodation. HOWEVER- the employer does not have to accommodate the condition if you remain a danger to yourself or others, with or without the accommodation. Blind people cannot be... View More

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2 Answers | Asked in Employment Law for Ohio on
Q: Is this considered workplace retaliation?

I went to my Union Rep and complained about my Supervisor. My Supervisor ended up finding out and canceled my overtime that he specifically said I could work. Is this retaliation?

T. Augustus Claus
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answered on Jul 10, 2023

Retaliation in the workplace generally refers to adverse actions taken by an employer in response to an employee engaging in protected activity, such as filing a complaint or participating in a union-related activity. If you believe that your supervisor canceled your overtime specifically because... View More

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1 Answer | Asked in Personal Injury and Employment Law for Ohio on
Q: I got fired from work because they thought I faked an injury and strep throat.

It’s an in home caregiver job. I got hired in march and worked in April and my next shift I had I contacted them when I had strep throat and told them I had a doctor note and they said not to worry they don’t need it that when I felt better to contact them back so I can get a client. But people... View More

Tim Akpinar
Tim Akpinar
answered on Jun 20, 2023

An Ohio attorney could advise best, but your question remains open for two weeks. The tailbone injury you describe could be a personal injury matter - depending on how it took place. However, it looks like the focus of your post is more about the termination from work. That's something an... View More

1 Answer | Asked in Employment Law for Ohio on
Q: All I need to know is personal romance with a job outside of work

Does the employer have the right to tell the employee not to date someone that lives at the place where she works?

John Michael Frick
John Michael Frick
answered on Jun 17, 2023

No. All the employer can do is fire you.

1 Answer | Asked in Employment Law, Employment Discrimination and Sexual Harassment for Ohio on
Q: What should I do if I'm witnessing sexual harrasment at my job? The HR department knows, but it hasn't stopped.

My brother was fired from my current employer that my Father, and I still work at. This lead to a series of events of discrimination, ultimately people treating me poorly. Then, this lead to sexual harrasment that has been reported to the HR department, but the harrasment has not stopped. First it... View More

Maurice Mandel II
Maurice Mandel II
answered on May 24, 2023

There are Federal laws and state laws prohibiting Sexual Harassment in employment. You said you are being harassed by both a man and woman, but you haven't described how you think this is sexual in nature. Are they asking you for sexual favors? And your father too? Not all harassment is... View More

1 Answer | Asked in Employment Law for Ohio on
Q: Can an employer refuse to pay for travel time between appointments? What about time between if not traveling?

I work for an ABA company. They are refusing to pay travel time for time between work locations. Also, if there is time between scheduled appointments, they are refusing to pay it. Techs are also required to stay and clean after sessions unpaid. Is this legal?

The pay rate was also... View More

Carrie Dyer
Carrie Dyer
answered on May 23, 2023

It sounds like ABA company's refusal to pay for travel time violates the law. Generally, travel as part of a principal activity, such as travel from job site to job site during the workday, must be counted as hours worked and must be paid. However, more information is necessary to analyze... View More

1 Answer | Asked in Employment Law for Ohio on
Q: Put in my 2 weeks notice. Was told to not come back, they would pay me out in email. But only paid 1 week. What do I do?
Matthew Williams
Matthew Williams
answered on Apr 25, 2023

More facts are needed to accurately answer your question. Do you have a written contract? If yes, what does it say about quitting and being laid off or fired? If not, did you work the 1 week? 2? 0? Was there any discussion of separation pay or severance or you getting paid out for time you... View More

1 Answer | Asked in Employment Law and Health Care Law for Ohio on
Q: Can a nurse be fired in ohio for reporting a one time incident of a patient safety concern to management?
Tim Akpinar
Tim Akpinar
answered on Apr 16, 2023

An Ohio attorney could advise best, but your question remains open for two weeks. At this point, you could consider reaching out to whistleblower law attorneys in addition to employment law attorneys. This is an area of law (I don't think there's a category on this forum) that deals with... View More

1 Answer | Asked in Cannabis & Marijuana Law, Car Accidents and Employment Law for Ohio on
Q: what happens if im driving a company vehicle and im not high but weed is in my system and someone hits me or i hit some1

i usually only smoke like one bowl a day and if i get a medical card will i be ok no matter what

Nicholas P. Weiss
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answered on Mar 29, 2023

It is illegal to smoke marijuana in Ohio. This is true even if you have a medical card. Your employment is also not protected from the use of marijuana even if you have a medical card. Marijuana in your system will likely be determined to be a contributing factor in any accident.

1 Answer | Asked in Employment Law, Health Care Law and Immigration Law for Ohio on
Q: What are the legal requirements for the employee to obtain a hospital sponsored green card?

Hello,

I am an international student that came to the USA on an F-1 visa. My visa expired in 2021 but I maintained residency in the US until I graduated from my nursing program. I have a work an employment authorization document for optional practical training, this permit expires on... View More

James L. Arrasmith
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answered on Feb 25, 2023

Congratulations on your job offer and the opportunity to apply for a green card sponsorship through your hospital.

The requirements for obtaining a green card through employment can vary based on the specific type of employment-based immigrant visa category for which you qualify. Your...
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1 Answer | Asked in Contracts and Employment Law for Ohio on
Q: if I signed a noncompete 5 years ago&changed roles in company is it still in place if promises were broken w/ new role?
Joseph Jaap
Joseph Jaap
answered on Feb 15, 2023

An attorney would have to do a full review of the noncompete, the circumstances, and related facts to determine whether the agreement remains enforceable and to what extent. Even if the employer has broken promises, they could still force you into court trying to enforce the non-compete. So... View More

1 Answer | Asked in Employment Discrimination and Employment Law for Ohio on
Q: Kroger fired me following a panic attack (CPTSD) after a coworker yelled at me, can I sue?

Hello. I began working at a Kroger factory in October last year. In November, i had a panic attack due to a coworker yelling at me, and I have CPSTD, and being yelled at or facing aggression of any kind sends me into panic attacks. That day, the supervisor sent me home. Before that, she told me... View More

Cynthia Pietrucha
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answered on Jan 24, 2023

Sorry to hear about your experiences. Under federal law (the ADA) you would have to prove that the employer knew you had these disabilities and that you were fired because of these disabilities. You carry the burden to prove your case. If you worked in Ohio, you should locate a local employment... View More

1 Answer | Asked in Employment Discrimination, Employment Law and Workers' Compensation for Ohio on
Q: Am I eligible for workmans comp benefits if I suffer PTSD due to an incident that happened while I was at work?

I am a teacher for a head start program. As part of my job I am required to conduct Home visits at families residences. During one of my visits in August of 2022 there was a man shot and killed 50 ft from me. I heard the shots and once police came I went to the front door and saw the body right... View More

James Monast
James Monast
answered on Dec 29, 2022

Ohio does not recognize workers' compensation claims for psychological conditions alone; they must be associated with a physical injury you sustain. Other states recognize these claims but not Ohio. You would have to sustain a physical injury, even a minor one, before the psychological... View More

1 Answer | Asked in Employment Law for Ohio on
Q: Is there any way I can send a non compete for you to review (from my employer)?

I would like to know if there is any way out if it should I get a job offer from a manufacturer in the same industry.

Nicholas P. Weiss
Nicholas P. Weiss pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 22, 2022

The board is more for general questions. If you have a specific document that you need reviewed, reach out to one of the attorneys listed for a consultation.

Nick

1 Answer | Asked in Employment Law for Ohio on
Q: I live in Ohio and my employer is denying me time off to show up to a subpoena to be a witness. Is this legal?
Neil Klingshirn
Neil Klingshirn
answered on Dec 5, 2022

You have an obligation to respond to a subpoena, just like you have an obligation to serve as a juror when called. If your employer terminates your employment because you respond to the subpoena, you will probably have a claim for wrongful discharge.

That said, being fired with a claim for...
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