Ohio Business Legal Questions

The key fact that is missing from your inquiry is whether your employer learned of your health issue under circumstances where confidentiality had been promised or should be assumed. If, for example, your employer "found out" from a public source, the rumor mill or otherwise, then your employer had no greater duty to refrain from spreading the news than any other member of the general public. There are many misconceptions about the presumed right to "privacy" of medical information. In order for such information to be subject to privacy rights, it must be treated by you and your family as private and must not become a matter of public knowledge through your actions. Once the cat is out of the bag, it's fair game, with very few exceptions.... Read More

As a general matter, an employer may "make an example" of an employee who misconducts himself or fails to accomplish stated objectives. The information that is being shared is not private information relating to the employee's health or personal circumstances and there is therefore no reasonable expectation that the employer will retain such information in confidence.... Read More

The answer will depend on the precise terms of the contract you signed. If you knew that the premises were not suitable for human habitation and agreed to renovate them (i.e., render them habitable) in return for future rent-free occupancy, it may be difficult to avoid your agreement. See an attorney.... Read More

In the absence of an agreeent to the contrary, sales are final unless the seller voluntarily agrees to a return of the goods. You may have a claim for a breach of an express warranty regarding the condition of the item if it was misdescribed and the breach was not obvious at the time you took possession of the goods. However, as a general matter, sales of used goods are "as is."... Read More

Product and business names, and indeed any short phrases, are not copyrightable. Copyright is limited to works of authorship, which generally means books, plays, photographs, software and similar items. You may protect the name of a product under the law of trademark. You should engage the services of a trademark attorney to determine whether the name you have in mind is available and non-infringing, and regarding the steps to be taken to protect your mark.... Read More

Your inquiry does not set forth sufficient facts from which it can be concluded that the lease is invalid. We do not know the relationship of the person who solicited your signature to the oil company (employee? independent contractor? outside attorney?). Moreover, there is the very obvious problem that you actually executed, and intended to execute, the document, so you are bound by it even if the notarization is defective, and the oil company may be able to compel you to re-execute a validly notarized copy of the same lease. If you want to get out of the lease, you should consult an attorney to see if it is possible. It seems unlikely from the facts you post. This is not legal advice.... Read More

In general, in the absence of a specific state law to the contrary, an employer and employee are free to agree on any basis of compensation for the employee. For example, the employee may be paid on a commission basis depending on the sales he generates, and if one of those customers is dissatisfied and returns the goods for a refund, the employer may lawfully reverse the commission payment. Under federal law, the net pay to the employee may not be less than the mininum wage. A few states have state laws that expressly prohibit an employer from making deductions from employees' wages for, for example, breakage. You should consult with an attorney to determine whether the specific facts of your situation have resulted in a permissible deduction.... Read More

As a general matter, an employer may require an employee to perform services for a third party. This is what happens, for example, when employees are sent on "temp" jobs by an agency. Since employment in the U.S. is generally "at will," your employer may change your job duties at any time, generally without notice.... Read More

As a general matter, you have the right to refuse service to anyone, as long as you do not make your refusal decisions on the basis of race, religion, national origin or any similar basis prohibited by law. You should obviously make no statements to anyone regarding the reason why service is being denied. You may lawfully exclude him from your premises but you are likely not privileged to use force to do so. Anyone can sue anyone for anything.... Read More

You cannot "trademark" a name -- a trademark is something you have, not something you do. Many people confuse the process of trademark registration with the creation of the mark itself. If your character names mature to the point where they identify the source or origin of products or services, you will have a trademark and may then be able to register your mark. It may be desirable to file intent-to-use applications for these marks.These are issues you should resolve in consultation with counsel. Your text and other works of authorship will be automatically copyrighted upon creation. It may be appropriate to register your copyright in each issue. Again, these are issues you should resolve in consultation with your attorney. We practice in this area and would be happy to be helpful.  ... Read More

You do not need a "permit" to sell your crafts in Ohio, but you do need a Vendor's License in order to collect sales tax.  Anyone can sell things to their friends, family, on the internet, or to anyone, without forming an official corporation or a limited liability company with the State of Ohio.  Your business would be conducted under your own name.  But businesses must collect sales tax from their customers, and in addition, you must report the income from your business and deduct your business expenses on your personal income tax return on Schedule C for business income. You may obtain a Vendor's License from your county auditor's office.  Many counties in Ohio have online applications -- or you can go the the county auditor's office and ask for an application. I am an attorney licensed to practice law in the State of Ohio.  This answer is intended to give general information and not to give specific legal advice.  No attorney-client relationship is established by your asking and by my answering your question.... Read More

Your employer has a duty to withhold income and social security taxes from your paycheck, whether or not it obtains an executed Form W-4 from you. Form W-4 is one means of collecting social security numbers and other information from employees, but it is not the exclusive means an employer may use. If no allowance certificate is filed, the employee is considered as a single person claiming no withholding allowances. This may result is an  overwithholding for some employees. If it does, the affected employees may file their own Forms W-4 (and reduce their withholding as a result), or may file tax returns at the end of the year and obtain a refund of the excess withholdings.... Read More

The outcome of this matter will not be determined by whether you "feel" you owe the money or not. As a general matter, the terms of the tuition-reimbursement plan will control. If other employees have not been required to comply with the terms of the plan and you have a defense based on discrimination, you will bear a relatively heavy burden of attempting to prove your position, and you will need to show that the discrimination was carried out on a basis prohibited by law (e.g., race, religion, etc.), rather than simply employer preference. There is no law that prohibits "harassment" unless founded in sex-based discrimination. All of these matters will place you at a relative disadvantage to the employer, which merely needs to show that the money is required to be repaid. Consult a labor attorney if you are sued or wish to negotiate a settlement.... Read More