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COVID-19 Ohio Employment Law Questions & Answers
1 Answer | Asked in Employment Law for Ohio on
Q: In the state of Ohio, if your employer mandates tests and leaving work if positive for covid, can they then write you up

I tested positive for covid and was sent home to quarantine. Then given call off points for being made to take days off.

T. Augustus Claus
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answered on Feb 15, 2024

In Ohio, if an employer mandates COVID-19 testing and requires employees to leave work and quarantine if they test positive, it raises concerns if the employer then penalizes the employee for complying with these health and safety measures. Generally, penalizing employees for adhering to mandated... View 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... View 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... View More

1 Answer | Asked in Employment Law and Workers' Compensation for Ohio on
Q: Can you sue employer for getting covid from not providing a safe workplace from recognizable hazards?

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

Hunter G. Cavell
Hunter G. Cavell
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

1 Answer | Asked in Employment Law for Ohio on
Q: Can my employer say I resigned due to a change in my availability?

My availability recently changed from working 31 hours a week to now I am only able to work Saturdays while I agreed to care for my niece at home during the week. I am not her primary caretaking. My employer recently asked if we would have any restrictions to our schedules when we reopened after... View More

Neil Klingshirn
Neil Klingshirn
answered on May 22, 2020

The real question is whether your employer had an obligation to continue your employment for Saturdays only and, if not and she decides to employ someone else, whether you have any rights as a result of her ending of the employment.

If you are an employee at will, which you probably are,...
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1 Answer | Asked in Employment Law for Ohio on
Q: My wife works in IT in ohio at a hospital. She does have a nursing license since covid she has seen 2 of her other

Co worker be sent back to the nursing floor. Should she speak to HR if they tell her she has to go back? Is this a legal issue if they try? Thanks.

Carrie Dyer
Carrie Dyer
answered on Apr 29, 2020

Your wife can request that she not be required to return to the nursing floor, but her employer can require her to work in a different role depending in the needs of the business. Without some other reason (for example, a requested accommodation based on a medical condition), your wife would not... View More

1 Answer | Asked in Employment Law for Ohio on
Q: Is there an OSHA or PERRP policy that during a pandemic, a Doctor's note is not required for sick time?
Neil Klingshirn
Neil Klingshirn
answered on Mar 28, 2020

No.

The Coronavirus Paid Sick Leave Act requires employers to pay for sick leave and it has its own certification rules. Therefore, if you miss work for a coronavirus related reason, the Paid Sick Leave Act might dictate the documentation that you need to provide to get government...
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1 Answer | Asked in Employment Law and Contracts for Ohio on
Q: Would a lay-off due to the corona virus void my apprenticeship contract with my current employer.

I am in an apprenticeship program with a company that pays for my schooling. I signed the contract as a way to secure a job for 6 years. Now three years later management has become very toxic and it is just not a company that i want to work for anymore. The problem is if i were to leave the company... View More

Joseph Jaap
Joseph Jaap
answered on Mar 26, 2020

It all depends on the exact terms in the contract and all the other circumstances of the layoff and the current virus orders. The legal impact of layoffs because of the virus are unknown, and the courts will have to sort that out over the coming months and possibly years. Your company should... View More

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