Employment Legal Questions

Pro Bono means "free" and employment attorneys will not work for free.  Every attorney is different, but some will consider a contingency fee (won't get paid unless client wins or accepts a settlement) if you have a very strong case with substantial damages.  If you have a weaker case, then you may need to consider that you will have to pay out of pocket for an attorney's services.  The first part of this is to consult with one or more employment attorneys about your situation and listen to what they think.... Read Answer

You need to speak with an Ohio wage and hour attorney who regularly handles disputes about pay. I would encourage you to contact our office for a free consultation. We represent employees throughout Ohio and primarily work on a contingency fee. Feel free to to look at our website and contact us directly.   Ohio wage and hour lawyer http://mcoffmanlegal.com/practice-areas/wages-and-overtime/unpaid-wages-and-unpaid-overtime/... Read Answer

In general, employees are entitled to overtime pay unless they are "exempt" from overtime pay requirement.  If you are exempt, the employer can work you an unlimited number of hours over 40 without paying you any additional amount.  The determination as to whether you are an exempt employee can often be complex.  You can do some intial research yourself on the US Department of Labor's wesbite which explains overtime exemptions under the FLSA.  However, the best way for you to know for sure is to consult with an experienced employment attorney to fully discuss. You will also be able to discuss your options moving forward if you are a non-exempt employee who is entitled to overtime.... Read Answer

There would be no legal claim against the co-worker.  It would be possible, in certain situations, to have a claim against the employer.  Basically the legal argument in these cases is that you have a disability as defined by the ADA and that you need a reasonable accomodation to perform your job. In this case, it would be that you need a fragrance free workplace. It has been noted that frangrance free workplaces may not be reasonable accomodations because it may be difficult for the employer to implement. You should contact the EEOC for more information or to file a charge.... Read Answer

  Terminating an employee who is absent from work is not unlawful regardless of whether you have a doctor's note or sick/vacation leave.  The only way this would be a violation of the law is if your sickness was part of a larger issue such as a serious health condition or disability.  If it was either, then you might - not certain, but might -- have rights under one of the two following laws:   The Family and Medical Leave Act (FMLA) provides covered employees who work for covered employers with up to 12 weeks of leave for a serious health condition.  Not all employers and not all employees are covered by FMLA.  The serious health condition can be the employee's own or of an immediate family member. At a minimum, the employer must have at least 50 employees and the employee must have worked at least 12 months and more than 1250 hours. In general, things such as colds, the flu, upset stomach, dental problems and the like are not serious health problems. If an employee on FMLA is able to return to work in 12 weeks or less, then the employer must return the employee to the same or equivalent position.  Employees are also allow to take FMLA on a intermittent basis (here and there as needed).FMLA makes it unlawful for a covered employer to interfere with an employee's FMLA rights or leave or retaliate against an employee for exercising FMLA rights.       The Americans With Disabilities Act (ADA) prohibits discrimination against employees or applicants for employment due to a disability.  The ADA also requires an employer to provide a reasonable accommodation to an employee or applicant with a disability that will allow the person to perform the essential functions of the job.  ... Read Answer

Employers are not required to allow an employee time off work, even with a doctor's note, unless the time off is covered by FMLA. If the time off is covered by FMLA, then the employer must allow the employee time off.  In rare circumstances, an employer is required to allow an employee time off as a reasonable accommodation under the Americans With Disabilities Act. ... Read Answer