Ohio Employment Contracts Legal Questions

The employer cannot pay less than minimum wage. Minimum wage for untipped positions is $8.10 per hour in Ohio beginning in January 2015. The minimum wage for tipped employees is $4.05 per hour. Please call my office for a free consultations. Our office handles minimum wage violations and other wage and hour violations.   Ohio unpaid wages attorney www.mcoffmanlegal.com ... Read More

It is legal unless your employer targeted you for termination for an unlawful reason, such as discrimination (based on age, race, gender, disability, pregnancy, etc.). If you believe there was another reason behind your termination, you should speak with an employment attorney immediately.   Ohio wrongful termination attorney www.mcoffmanlegal.com ... Read More

A Non-Compete Agreement is a contract usually between an employer and an employee.  These contracts are enforceable if they meet certain criteria of reasonableness, even if you were terminated.  Courts judge reasonableness by examining the length of time that the employee is restrained, the geographic scope of the agreement and whether the agreement was supported by consideration.  Even if some of the provisions are not enforceable, others may be.  Each agreement must be judged on its own merits and the facts and circumstances leading to the agreement. Generally, Courts don't like agreements that unfairly restrain an employee from earning a living.  When you have been in a particular industry for 25 years you have a strong argument for a shorter duration.   ... Read More

Unless the harassment and bullying is because of your age, race, gender, pregnancy, disability, religion, etc, then you do not have a legal claim. Unfortunately employers can be jerks and employees cannot do anything unless they can prove the basis of the harassment and bullying is unlawful.   Ohio employment attorney www.mcoffmanlegal.com ... Read More

Contact an Ohio wage and hour attorney to discuss what services you are performing. Depending upon your job duties, you may be entitled to overtime compensation. My office offers free consultations and we represent employees throughout the state of Ohio.   Ohio unpaid overtime attorney www.mcoffmanlegal.com ... Read More

Although this would be an unfair and wrong termination, there does not appear to be anything unlawful about your manager's decision to terminate you. However, you should receive unemployment benefits since the analysis for such benefits is whether your employer had just cause to terminate your employment.   Ohio employment attorney www.mcoffmanlegal.com ... Read More

Your wife needs to speak with an employment attorney who handles wage and hour issues immediately. Her employer may be violating the law by requiring her to be on call and only paying her as little as it is. My office handles these types of issues. Feel free to contact my office for a free consultation. We represent employees throughout the state of Ohio with employment law issues.   Ohio wage and hour attorney www.mcoffmanlegal.com ... Read More

It depends on if you have a contract that states you should. If not, then you may be entitled to on call time if your own call time sufficiently limits what you can do with your time while you are on call. If you are required to remain on the employer’s property or nearby and it limits how you would spend your free time then you are probably entitled to pay for your on call time. However, if you are free to spend your time however you want until you are called in then you probably are not entitled to pay for the on call time.    Ohio employment attorney www.mcoffmanlegal.com ... Read More

There is no law requiring an employer to give you severance. Unless there is a policy of providing severance, the employer does not have to give it. In addition, unless there is an unlawful reason for not offering you severance, then there is no real legal claim.   Ohio employment attorney www.mcoffmanlegal.com ... Read More

You have not stated a complete question. You should speak with an employment attorney. You may need an accommodation if you have a disability. Employers must make reasonable accommodations, but they are not required to make every accommodation.   Ohio employment attorney www.mcoffmanlegal.com ... Read More

Employers often challenge employee's right to unemployment compensation. The appeals are the process before the telephone hearing. It is extremely difficult to get the denial of a telephone hearing reversed. When an employee is determined not to be entitled to unemployment benefits after they have received them, the overpayment must always be paid back. For the purposes of unemployment you must prove your girlfriend was terminated without just cause. I wish you the best of luck. ... Read More

Non-compete agreements are contracts so it depends on what the four corners of the document says. There may be a clause that says the new non-compete supersedes the old one. However, your employer may have some legal arguments regarding the mistake. At the end of the day, speaking with an attorney is necessary to weigh your options.   Ohio employment attorney www.mcoffmanlegal.com ... Read More