Ohio Employment Legal Questions

The question of on-call time compensation often comes up. Generally if you can use the time that you are "on call" for your own purposes generally (even if they restrict you by, for example, telling you you can't drink alcohol when you are on call) , the time is not compensable (meaning they don't have to pay you for it). In determining this issue the wage hour investigators look to the reporting requirements: Do you have to remain in a certain location , such as in your house, to await to receive the call? If so the time would be compensable. If however they allow you to use a cell phone number and provide you with a reasonable period to report (and generally, a hour would be considered reasonable) this would not be so great a restriction that the on-call time would become compensable. One thing though: When you are in-call and get called to come into work, the time that is compensable begins when you leave your house after receiving the call-in, and it ends when you return to your house after the call-in. You should consult with a local Ohio attorney about any State wage hour laws that may be more beneficial to you than the federal law.   Michael A. Caldwell 404-979-3150... Read Answer

If the new person who replaced your grandmother is several years younger and is doing all or most of the duties that she had been performing, then there is a good chance that the employer discriminated against her based on age. You should meet with an employment law attorney who can review the facts and give you a better idea of how strong her case is.... Read Answer

Only hours that are actually worked are counted to see if an employee worked more than 40 hours in a week.  If the employer gave you a bonus for working holidays of an extra 8 hours pay on top of the overtime rate, or simply paid you for 8 hours on week day holidays though you did not work, these hours do NOT count towards overtime calculation because you did not actually work those hours.... Read Answer

More than likely you cannot successfully sue your previous employer based on the facts contained in your question. You "guess" you walked off the job? Ordinary job related stress is not sufficient to constitute a constructive termination in most states. Most states' laws recognize the principle of employment at will.  This means your employer has no duty to keep you, and you have no duty to remain employed by the employer. A corollary right is what we sometimes call the "golden rule." ("He who has the gold makes the rules.")  The law might be different in Ohio, but I doubt it. You definitely should consult local counsel in Ohio to  find out whether these facts are sufficient to give rise to a successful claim against your previous employer. Michael Caldwell 404-979-3150  ... Read Answer

If your employer fails to inform you of your rights to continued group health insurance coverage and how to apply for them under COBRA, the employer violates COBRA and itself becomes your insurer!   Start sending the employer all of the bills that would have been covered by your group health insurance policy, but which have not been paid.  Ask him to make the payments (or reimburse you for the otherwise covered payments you have made) promptly, and repeat your previous requests for COBRA insurance application information.   You have the right to sue the employer for failing to provide you with the COBRA information that wold have permitted you to continue your health insurance after your termination. Michael A. Caldwell 404-979-3150... Read Answer

Let's cut to the chase here.  Any employer has the right to determine how many employees it needs to do the work it has available.  It's no different with an auto dealership.  If the dealership owner/management decides it has too many sales personnel for the amount of business it has, the company has a right to reduce the number of salespersons. While there may be a technical difference between a "reduction in force" and a "lay off" the end result is the same; fewer people.  ... Read Answer

Short Answer = yes, an employer can terminate you if that owner has a 'Business Necessity' to have that position filled right away with a person able to physically fill all assigned duties. Can an employer terminate you just for requesting Workers' Compensation benefits? NO, THAT is a violation of Labor Code 132a. I do not see there is any documentation of you making clear to your employer that this injury is work-related or work-aggravated. IF YOU COULD PROVE the only real reason the employer terminated you was solely in retribution for your asking for Workers Compensation benefits, and he did not have any 'Business Necessity' to have that position filled right away with an able-bodied person (and could not afford to keep you on staff), you could get an order reinstating you into the post with back pay. But that's nearly impossible to prove.... Read Answer

Please report this question as a Criminal Law question because you are being threatened with a violation of the penal code, not the Labor Code. Just FYI, it is a violation of the Code of Ethics for an attorney to threaten criminal action in a civil matter, I would respond by noting that you will report that attorney to the State Bar if they threaten filing criminal charges to secure actions in a civil action.... Read Answer

Yes, sadly, you can be terminated for nearly any reason. California is an "At Will" employment state. That means the employer can simply let you go for no reason at all. Of course, the employer cannot terminated based on national origin, religion, gender, race and those 'protected' areas. But for a reason like 'conflict of interest', that employer can decide they do not want an employee who has another job doing something they feel might overlap with their requirements. That said, that employer might be found to have to pay Unemployment Insurance, so go apply with the EDD for UI.... Read Answer

The employer controls when and if you work, unless you have a contract that provides otherwise. It can force you to go home early, or to use up accrued vacation time to count you as having worked a certain number of hours.  The employer's Health Insurance benefits plan contract contains a definition of covered employees. Usually this clause requires that an employee work a certain number of hours per week to qualify for coverage. By counting vacation hours as hours worked, the employer is ensuring that you fit within the definition of a covered employee.  Michael Caldwell 404-979-3150... Read Answer

OSHA has the statutory authority to fine employers for allowing workers to perform their duties in situations that pose known safety hazards. Violation of an OSHA regulation on safety harnesses is just such a situation. Ignorance of the regulations is not a defense. However you may have other defenses available to you that you can use to diminish or eliminate the fine. You should contact an employment lawyer in the State of Ohio who specializes in OSHA law defense cases. You can find them in the larger cities such as Cleveland, Cincinnati, Columbus or Toledo.  Call the local ar association lawyer referral network or the Ohio State Bar Association lawyer referral number and ask for  a referral to a labor and employment lawyer experienced in OSHA.   Michael Caldwell 404-979-3150... Read Answer

Yes.  Generally all employees must be paid hourly, including overtime, unless they qualify as "exempt" from the overtime pay requirements of the Fair Labor Standards Act (and similar state laws).  Even if a person/position would qualify as "exempt," the employer may choose to pay hourly.  A change from "exempt" to "nonexempt" is not a "downgrade."  It is simply a change in payroll status.... Read Answer

Both state and federal law require employers to pay their employees, and provide for attorney fees to be awarded to successful plaintiffs. When I have handled these cases, the amount of attorneys fees the defendants end up paying often dwarf the amount of unpaid wages. As a result, an attorney may be willing to take on good cases of this sort with minimal retainers. In order to seek payment under those laws you will need to have some evidence that you were an employee and that you performed work. Sometimes the employee's testimony alone is sufficient to do this, but check stubs and time cards often are useful.... Read Answer

You should probably not make any statements without first consulting a lawyer. If you failed to report employment, you may be guilty of unemployment fraud. Any conversations with unemployment personnel should be limited to negotiating a payment schedule. (Or, if you can, pay back the full amount right away.) If you work out a payment schedule and follow through with it, there is a good chance that you will avoid prosecution for fraud, and even if you are prosecuted, full repayment will likely minimize any punishment you might face.... Read Answer

To qualify for unemployment benefits, the basic idea is that you have to be able to establish that you were not terminated for just cause. If you unknowingly violated an employer's rule, it will often come down to whether or not you knew or should have known about the rule, or whether your conduct was of the sort that an average person would have recognized it to be wrong. This is often a judgment call by the person making the decision at unemployment. It sounds to me like you have no choice but to continue to pursue these benefits regardless. Having won initially, this is provides you with some reassurance. As you continue to pursue this, make sure you report your job seeking as required, respond promptly to all requests for information and the like, promptly appeal any adverse decisions, and check your case online at least every few days to make sure that you are on top of any developments.... Read Answer