Ohio Employment Legal Questions

You should contact an employment attorney to discuss the medical restrictions which are not being met. In general, an employee has to be able to perform the essential functions of their job with a reasonable accommodation. If you need an accommodation, you should have your doctor state the need for the accommodation in writing and deliver it to your employer. A consultation with an employment attorney would be helpful.   - Ohio Employment Attorney: mcoffmanlegal.com... Read More

It sounds like you signed a separation/severance agreement. The terms of the agreement would control. If the agreement is silent on these things then you are likely not entitled to them. However, you should be compensated for the work you performed for your employer. In general an employer has 30 days from the regularly scheduled pay date in order to compensate you for your labor before the employer has violated Ohio law. PTO is a matter of company policy and you should consult the handbook.   Ohio Employment Attorney: mcoffmanlegal.com... Read More

I'm unsure of your question. It seems like you are asking about on call time. If you are not required to remain on the employers' property and you permitted to leave and go about your normal activities, then you likely do not need to be compensated for that time spent on call. You should, however, be compensated for all time spent receiving and responding to calls. It may be worthwhile to speak with an employment attorney.   Ohio Employment Attorney: mcoffmanlegal.com... Read More

You should contact an employment attorney. As far as putting hours on another day for overtime, you should be compensated time and a half for every hour you work over 40 per week. You will also want to discuss the classification issue with an attorney.   Ohio Employment Attorney : mcoffmanlegal.com... Read More

If you are claiming age discrimination, you must show but for your age your employer would not have made the decision to hire the employee it hired. Take a step back and look at yourself on paper and the candidate they hired on paper. Age discrimination protects workers over 40 from being discriminated against in favor of those persons who are substantially younger than them.   You may want to contact an employment attorney if you think you have a case.    Ohio Employment Attorney mcoffmanlegal.com... Read More

You should contact an Ohio employment attorney. If you are being misclassified as an exempt employee, then you should be paid for your overtime hours at time and a half. Feel free to contact my office to discuss this matter further.    Ohio Employment Attorney: mcoffmanlegal.com... Read More

You should appeal any unemployment determination within the time period permitted to do so. If you have anything in writing as evidence of your employer's contradictory reasoning, provide it to ODJFS. You may also want to contact an Ohio employment attorney.   Ohio Employment Lawyer: mcoffmanlegal.com... Read More

In Ohio, an employer is not legally required to offer you a break, including a lunch break. If you are having a lunch automatically deducted from your pay though then you should be permitted to have an uninterrupted lunch for that time period.     Ohio Employment Attorney: mcoffmanlegal.com... Read More

If you are not being properly paid overtime for every hour of overtime, you should make sure you keep proof of the overtime. The clock out slips and paychecks will prove you have overtime. You may want to speak with an employment attorney before you confront your employer. If you confront your employer and it retaliates then you would have a case for unlawful retaliation.     mcoffmanlegal.com... Read More

People often think that "harassment" in and of itself is against the law.  Unfortunately, I often have to tell potential clients that there is no law against your boss being a jerk.  However, if the harassment is based upon your age, race, gender, disability, religion or other protected status, then it is against the law. One of the stories I often hear repeated is when a new Manager is hired and they want to bring in their own staff.  Often, this means replacing long-term employees with younger, inexperienced people.  If this is what's happening in your workplace, you may have an age case against the manager.  You indicated that she has forced out other employees - what do you have in common with those people? If you want to pursue an age discrimination/harassment case against this manager, you should put your complaint in writing to HR.  Email it to them and keep a copy outside the office.  Put the company on notice of the manager's unlawful harassment.  Make sure you keep copies of your performance reviews and other documents outside your office so you'll have them if you need them.  Given the effect this harassment is having on your health, you may be eligible for FMLA.  If your doctor thinks you need some time off, ask HR about how to apply for leave. If you have other questions, please don't hesistate to contact me.  ... Read More