Get free answers to your Employment Law legal questions from lawyers in your area.
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
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... View More 
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... View More
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... View More
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.
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.
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
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... View More
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... View More
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... View More
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... View More
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.
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.
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... View More
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... View More
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... View More
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?
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
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.
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... View More
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.
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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?
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?
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... View More
The Company is in Cleveland Ohio, and requesting a complete background check. No offer made.
answered on Jul 9, 2020
There are very specific privacy laws surrounding this. Talk with an employment attorney. Also, background checks are not free, so it is a good sign that they are requesting it, but I have only heard of background checks requested after a conditional offer is made and accepted. Talk to an employment... View More
My fiances work had a covid exposure so everyone had to get tested. They made them return to work without seeing the results and more employees tested positive thus resulting in further exposure. Is this something that can be taken to court for those who test positive because the employer did not... View More
answered on Jul 8, 2020
First, your fiance would need to test positive for COVID, or another employee would want to sue. In every lawsuit, you must prove the four following things: duty, breach, causation, and injury. Your fiance's employer has a duty to provide him with a safe workplace. The question will become if... View More
I worked in a restaurant kitchen. My manager wanted to fire me for a while because I once point out that she did not follow the rules announced on the very morning. She cut off my working time while added my working load. Then she ganged with other employee to harass me –to test my temperature... View More
answered on Jul 1, 2020
Hi, more facts are needed here to fully evaluate your claim, but it doesn't appear your termination was unlawful based on what you stated here. Your termination could have been unlawful if it was based on your race, color, gender, religion, amongst other things. I would reach out to an... View More
she was told to do something several times that the work situation was hot and she didn't do it. I lost my temper and cursed.
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answered on Jun 29, 2020
As a matter of Ohio law, this is not illegal. Ohio is a one-party state for recordings, which means only one person has to be aware that the interaction is being recorded and consent to it to have the recording be legal. Her recording you at work may violate a corporate policy resulting in... View More
I was given a doctors note stating I can not wear a face mask, but my work said that since the doctor's note doesn't state why I can't wear one it's not a approved reason.
answered on Jun 23, 2020
Under the Americans with Disabilities Act, your employer is obligated to engage in an interactive process with you to come up with a reasonable accommodation for a disability. If your employer has additional questions about what your disability is and how it restricts your ability to wear a mask to... View More
I am an independent contractor at a group mental health practice. I was informed that my supervisor has decided to terminate me from the company stating that my decision to open my own practice outside of hers is a conflict of interest. I informed her of my decision 3 weeks ago and she responded in... View More
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answered on Jun 23, 2020
SHe can terminate you for any non-discriminatory reason. The reason she gave, that you are directly competing with the business, is nondiscriminatory. She is allowed to terminate you.
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