Ohio Employment Legal Questions

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368 legal [2, *]questions have been posted about labor and employment by real users in Ohio. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. Similar topics to explore also include whistleblower litigation, wage and hour law, and occupational safety and health (osha). All topics and other states can be accessed in the dropdowns below.
Ohio Employment Questions & Legal Answers - Page 9
Do you have any Ohio Employment questions page 9 and need some legal advice or guidance? Ask a Lawyer to get an answer or read through our 368 previously answered Ohio Employment questions.

Recent Legal Answers

can the omission of information on a job application legally be considered a lie?

Answered 11 years and 7 months ago by Matthew James Porter Coffman (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Employment
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Yes and it is generally grounds for termination. You should be truthful on your applications.   Ohio employment attorney www.mcoffmanlegal.com 
Yes and it is generally grounds for termination. You should be truthful on your applications.   Ohio employment attorney... Read Answer

Are there any laws protecting someone who was laid off on the 10th and a new hire started on the 17th?

Answered 11 years and 7 months ago by Matthew James Porter Coffman (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Employment
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The fact you were told your position was eliminated when it was not would tend to show there might have been another reason for your termination. If the reason you were terminated was unlawful such as discrimination or violation of another statute, then you may have a legal claim. Contact an employment attorney.   Ohio employment attorney www.mcoffmanlegal.com ... Read Answer
The fact you were told your position was eliminated when it was not would tend to show there might have been another reason for your termination. If... Read Answer

Does an employer have the right to keep personal items of an employee that has been terminated?

Answered 11 years and 7 months ago by Matthew James Porter Coffman (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Employment
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No. An attorney would like to understand the circumstances so you should contact one.   Ohio employment attorney www.mcoffmanlegal.com 
No. An attorney would like to understand the circumstances so you should contact one.   Ohio employment attorney www.mcoffmanlegal.com 

Was told to move out.

Answered 11 years and 7 months ago by Matthew James Porter Coffman (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Employment
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I'm sorry this has happened to you. Unless you were terminated for an unlawful reason, you likely do not have any legal recourse. One issue that may be worth exploring is how you were compensated (if you worked overtime).   Ohio overtime attorney www.mcoffmanlegal.com 
I'm sorry this has happened to you. Unless you were terminated for an unlawful reason, you likely do not have any legal recourse. One issue that may... Read Answer

Can an employer terminate someone within 6 months of employment?

Answered 11 years and 7 months ago by Matthew James Porter Coffman (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Employment
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Absolutely. Your employer may terminate you within one month, six months, or 10 years. The amount of time is of little difference. Unless you have a signed employment contract, you are an at-will employee.   Ohio employment attorney www.mcoffmanlegal.com 
Absolutely. Your employer may terminate you within one month, six months, or 10 years. The amount of time is of little difference. Unless you have a... Read Answer

I am a Nanny who isn't getting paid overtime

Answered 11 years and 7 months ago by Matthew James Porter Coffman (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Employment
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You could bring legal action to recover the unpaid overtime. Nannies are not exempt from being paid overtime wages. Feel free to call my office. http://www.dol.gov/whd/regs/compliance/whdfs79b.htm    Ohio overtime attorney www.mcoffmanlegal.com 
You could bring legal action to recover the unpaid overtime. Nannies are not exempt from being paid overtime wages. Feel free to call my... Read Answer

If a company has announced they are reducing the workforce by 90% to move out of state,can they start writing people up or fire them?

Answered 11 years and 8 months ago by Matthew James Porter Coffman (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Employment
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Harassment based upon age, race, gender, disability, etc. would be unlawful. General harassment is not unlawful. As there is a significant reduction in force, the likelihood of you or anyone else having a legal claim is very small. The reduction in workforce is grounds for terminating employees which is a legitimate business justification.   Ohio employment attorney www.mcoffmanlegal.com ... Read Answer
Harassment based upon age, race, gender, disability, etc. would be unlawful. General harassment is not unlawful. As there is a significant reduction... Read Answer

IS THIS A HIPPA VIOLATION

Answered 11 years and 8 months ago by Matthew James Porter Coffman (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Employment
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There is no private cause of action for HIPAA violations. However, you may be able to prove pregnancy discrimination and violations of the ADA based upon disclosing your medical condition (needing the accommodation). I encourage you to contact my office or another employment attorney.   Ohio employment attorney www.mcoffmanlegal.com ... Read Answer
There is no private cause of action for HIPAA violations. However, you may be able to prove pregnancy discrimination and violations of the ADA based... Read Answer

can they fire you for going to the drs

Answered 11 years and 8 months ago by Matthew James Porter Coffman (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Employment
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You should contact an employment attorney to discuss your rights. You may have a claim for disability discrimination, workers' compensation retaliation, or FMLA. Feel free to call my office.   Ohio employment attorney www.mcoffmanlegal.com 
You should contact an employment attorney to discuss your rights. You may have a claim for disability discrimination, workers' compensation... Read Answer

What can I do about my employer not paying me???

Answered 11 years and 8 months ago by Matthew James Porter Coffman (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Employment
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Are you still working? You have a legal claim once you have not been paid for 30 days of your regularly scheduled payday under R.C. 4113.15. You may pursue your claim for wages in small claims court (if less than $3000), contacting an attorney, or contacting the Ohio Department of Commerce's Wage and Hour Division.   Ohio wage and hour attorney www.mcoffmanlegal.com ... Read Answer
Are you still working? You have a legal claim once you have not been paid for 30 days of your regularly scheduled payday under R.C. 4113.15. You may... Read Answer

going to the bathroom

Answered 11 years and 8 months ago by Matthew James Porter Coffman (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Employment
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This would violate the FLSA as long as the rest breaks were under 25 minutes. Feel free to call my office 614-949-1181 or email me at mcoffman@mcoffmanlegal.com    Ohio unpaid wage attorney www.mcoffmanlegal.com 
This would violate the FLSA as long as the rest breaks were under 25 minutes. Feel free to call my office 614-949-1181 or email me at... Read Answer

have a question about my wages

Answered 11 years and 8 months ago by Matthew James Porter Coffman (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Employment
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They may be able to do this legally. Contact an employment attorney to discuss this further.    Ohio employment attorney www.mcoffmanlegal.com 
They may be able to do this legally. Contact an employment attorney to discuss this further.    Ohio employment attorney... Read Answer

Can an employer keep my tips after i quit?

Answered 11 years and 8 months ago by Matthew James Porter Coffman (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Employment
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No. You should be paid your tips. You may proceed with taking action in small claims court or contact the Department of Commerce's Wage and Hour Division.    Ohio employment attorney www.mcoffmanlegal.com 
No. You should be paid your tips. You may proceed with taking action in small claims court or contact the Department of Commerce's Wage and Hour... Read Answer

can I be fired for taking a month off to get drug abuse treatment?

Answered 11 years and 8 months ago by Matthew James Porter Coffman (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Employment
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Yes. You can be fired for this reason without recourse.   Ohio employment attorney www.mcoffmanlegal.com 
Yes. You can be fired for this reason without recourse.   Ohio employment attorney www.mcoffmanlegal.com 

Can i sue a company for not paying me for the job i have done?

Answered 11 years and 8 months ago by Matthew James Porter Coffman (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Employment
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More than likely there is nothing you can do. Employers can make wrong or unfair decisions, but they cannot make decisions for unlawful reasons. If your age (meaning you are too old) was the reason you were not selected, you may have a legal claim. Based upon what you have written it sounds like you may be considered too young and inexperienced. Young employees (under the age of 40) are not protected from discrimination.    Ohio employment attorney www.mcoffmanlegal.com ... Read Answer
More than likely there is nothing you can do. Employers can make wrong or unfair decisions, but they cannot make decisions for unlawful reasons. If... Read Answer

Am I allowed to reduce the hours worked for a full time hourly employee?

Answered 11 years and 9 months ago by Matthew James Porter Coffman (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Employment
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Sure. This is a legitimate business reason for making the change. You should have an employee handbook which sets forth all policies and indicates that employees are at-will. The only issue you may have is if you have a signed employment contract. You may want to speak briefly with an attorney to fully discuss everything.   Ohio employment attorney www.mcoffmanlegal.com ... Read Answer
Sure. This is a legitimate business reason for making the change. You should have an employee handbook which sets forth all policies and indicates... Read Answer

Is a two week notice required while in short term disability?

Answered 11 years and 9 months ago by Matthew James Porter Coffman (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Employment
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You don't ever have to give two weeks' notice to resign from an employer. It is customary to give at least two weeks' notice. Ohio employment attorney www.mcoffmanlegal.com 
You don't ever have to give two weeks' notice to resign from an employer. It is customary to give at least two weeks' notice. Ohio employment... Read Answer

Employee Discounts

Answered 11 years and 9 months ago by Matthew James Porter Coffman (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Employment
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You are receiving a discount because the discounted meal is offered only to feed employees. Your employer may put this contingency on the meal without any legal recourse.   Ohio employment lawyer www.mcoffmanlegal.com 
You are receiving a discount because the discounted meal is offered only to feed employees. Your employer may put this contingency on the meal... Read Answer

When employed as a full-time worker and work additional hours in a differant department should over-time be paid?

Answered 11 years and 9 months ago by Matthew James Porter Coffman (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Employment
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You should speak with an Ohio wage and hour attorney. However, from the brief facts you provided, it appears that you should be paid overtime for any time you are working over 40 hours per week. Feel free to contact my office to discuss this further. Ohio unpaid overtime attorney www.mcoffmanlegal.com ... Read Answer
You should speak with an Ohio wage and hour attorney. However, from the brief facts you provided, it appears that you should be paid overtime for any... Read Answer

Removing personnel file out of HR office

Answered 11 years and 9 months ago by Matthew James Porter Coffman (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Employment
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No, it is not invasion of privacy. If there is some illegal reason this was done (target of discrimination, harassment, or retaliation), then it may possibly be evidence to support that.   Ohio employment attorney www.mcoffmanlegal.com 
No, it is not invasion of privacy. If there is some illegal reason this was done (target of discrimination, harassment, or retaliation), then it may... Read Answer

Can I get copies of everything in my file at my work?

Answered 11 years and 9 months ago by Matthew James Porter Coffman (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Employment
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Your employer has no obligation to provide it, but many are willing to do so if you request it. After the lawsuit is filed you will be able to request it through discovery.   Ohio employment attorney www.mcoffmanlegal.com 
Your employer has no obligation to provide it, but many are willing to do so if you request it. After the lawsuit is filed you will be able to... Read Answer

Can I collect my back pay from my ex-employer without a financial burden on myself?

Answered 11 years and 9 months ago by Matthew James Porter Coffman (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Employment
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You can file your own complaint in small claims court without an attorney. If you go through the department of commerce they will get you at least minimum wage.   Ohio unpaid wage attorney www.mcoffmanlegal.com 
You can file your own complaint in small claims court without an attorney. If you go through the department of commerce they will get you at least... Read Answer

Do I have a case for being terminated for a health reason when the have no way to say what they did. And I have a doctors excuse

Answered 11 years and 9 months ago by Matthew James Porter Coffman (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Employment
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Contact an attorney immediately. You may have a case for disability discrimination or a violation of the FMLA. You should also appeal the unemployment decision. My office provides free initial consultations and works on an contingency fee basis.   Ohio employment attorney www.mcoffmanlegal.com ... Read Answer
Contact an attorney immediately. You may have a case for disability discrimination or a violation of the FMLA. You should also appeal the... Read Answer

Social security

Answered 11 years and 9 months ago by Matthew James Porter Coffman (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Employment
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I'm not specifically answering your question, but sometimes employers classify employees as independent contractors. There is a possibility you may be an employee. Here is a link from the IRS discussing employees: http://www.irs.gov/Businesses/Small-Businesses-&-Self-Employed/Independent-Contractor-Self-Employed-or-Employee    If you believe you are actually an employee, contact an attorney. Ohio employment attorney www.mcoffmanlegal.com ... Read Answer
I'm not specifically answering your question, but sometimes employers classify employees as independent contractors. There is a possibility you may... Read Answer

In filing for unemployment, is there a minimum amoint of earnings required to qualify?

Answered 11 years and 9 months ago by Matthew James Porter Coffman (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Employment
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You need advice from an attorney outside the state of Ohio. You may want to change your information so this question posts as a question for PA and/or WV. Best of luck to you.   Ohio employment attorney www.mcoffmanlegal.com 
You need advice from an attorney outside the state of Ohio. You may want to change your information so this question posts as a question for PA... Read Answer