Ohio Employment Legal Questions

If this gentleman's son has a disability or a serious health condition that requires him to use family medical leave, then the Manager is in jeopardy of violating the law.  She is treating him differently than other employees who do not have disabled children and/or who use FMLA to care for their disabled children.  If the son is not disabled and/or the gentleman does not use FMLA, then she can probably do whatever she wants in order to save money.    ... Read More

What you have described does not sound legal. Employees performing the same job functions should generally be compensated in the same manner. If you are working for a private employer, then comp time is not permitted. I would encourage you to contact an employment attorney to discuss this further. My office offers free consultations, we work on a contingency fee, and we regularly wage and hour issues.   Ohio wage and hour attorney www.mcoffmanlegal.com  ... Read More

You don't say why you're wearing a medic alert bracelet, but I will assume you have a chronic condition that requires it. You should ask your employer for an accommodation under the Americans with Disabilities Act. You may have to obtain some documentation from your doctor to support the request. Your employer has a legitimate concern, so you may have to prove to them that their concern is unfounded.... Read More

If you think your hours are being reduced for an unlawful reason (such as age discrimination), you may have a case. However, you need to speak with an employment attorney to more fully disclose the circumstances of your employment so they can evaluate what, if anything, they can do to assist you.   Ohio employment discrimination attorney www.mcoffmanlegal.com ... Read More

As with many questions, the answer is that it depends. If you are an hourly, non-exempt employee, then you likely should be paid for your time working the event. If you are a salaried, exempt employee then you may not be entitled to compensation. Contact an employment attorney and discuss this further. Our office offers free consultations.   Ohio employment attorney www.mcoffmanlegal.com ... Read More

Submit paperwork that you are requesting an accommodation because of your disability. Your employer has an obligation to engage in the interactive process and determine whether your request is a reasonable one.    Ohio disability discrimination attorney www.mcoffmanlegal.com ... Read More

An employer cannot adjust timecards in this manner, especially if it results in the non-payment of overtime. You should contact an employment attorney who handles unpaid overtime/wages cases. Our firm represents employees throughout Ohio with these types of cases.  Ohio overtime attorney www.mcoffmanlegal.com ... Read More

More than likely you qualify for unemployment benefits. There is no harm to apply. If you have difficulty receiving unemployment benefits, contact an attorney for representation as you were certainly terminated without just cause.   Ohio employment attorney www.mcoffmanlegal.com ... Read More

My office offers free consultations and we work on a contingency fee. You should be paid for this time as you are "engaged to wait." Here is a fact sheet from the Department of Labor:   http://www.dol.gov/whd/regs/compliance/whdfs22.pdf   Ohio unpaid wages attorney www.mcoffmanlegal.com ... Read More

Your statement about not being paid overtime raises a few follow-up questions.  In order to determine whether you are entitled to overtime pay, I need to know: Where do you work?  If you don't want to give the name, I need to know the nature of the business and the size.   What do you do for your employer?  Are you in a management position?  Some employees are exempt from overtime laws and rules.  This means that they don't receive overtime because of the job that they do.  It's not your title that matters, but the duties you perform.  If you are not in a mangement role, there are other exemptions that may apply, so the answer to this question is vital to evaluating your eligibility to overtime compensation. If you're concerned about sharing too much information, you can go to www.dol.gov to read more about overtime requirements.  The Department of Labor (DOL) enforces the Fair Labor Standards Act.  ... Read More

Yes.  In some cases, attorneys work on a contingent fee.  This means that the attorney receives a percentage of any settlement or judgement they obtain for their client.   I take some harassment cases on contingent fee, but the facts have to be right.  Not all harassment cases are the same.  If your boss is harassing you because of your race or is engaged in sexual harassment, then you may have a legally actionable claim.  However, if your boss is harassing you because of a personality conflict - you may not have a claim. If I offer to take a case on a contingent fee, its because I think I can obtain a good result.  Even when I do take a contingent fee case, the client is still responsible for the costs associated with the case.  Those costs include, deposition costs, and expert witness fees.... Read More

There is no requirement that an employer fire an employee before they work their shift. Employers are only required to pay their employees for all hours worked. If your friend was not paid for all of the hours he worked, then that would be a different issue.   Ohio employment attorney www.mcoffmanlegal.com ... Read More

You can be mistreated for any reason or no reason as long as it is not an unlawful reason. If you are being treated this way because of your disability, then that is an unlawful reason. You should contact an employment attorney to discuss the circumstances of your employment further if you think your depression and STD may be the reasn you are being targeted. If personal differences are at the core of the mistreatment then that is not unlawful.   Ohio employment discrimination attorney www.mcoffmanlegal.com ... Read More

You state in your question that you were forced to drive while fatigued and you ask whether your employer can force you to do that, but you don't say how you got into this situation?   Were you suffering from a medical condition that led to fatigue?  Did you tell your employer about your medical condition?  Were you coming off of a double shift?  Did you stay up all night partying and come into work after not getting enough sleep? The simple answer to your question is that the employer cannot "force" you to behave unsafely.  They can threaten you, they can even fire you if you refuse, but they cannot force you.  If you are being placed in the position of choosing to disobey a direct order that you feel is unsafe, there are some things you should do: First, if at all possible, complain about the unsafe working conditions both verbally (in front of witnesses) and "in writing."  Deliver the complaint to your direct supervisor and HR.  Be specific about why you are complaing.  For example, "I have been asked to operate a school bus when my medical condition renders me fatigued.  I feel that driving under these conditions could pose  a risk to my safety, the safety of my passengers, and the safety of the public."   If they persist in asking you to perform unsafe duties, you can file an annonymous complaint with the Occupational Safety and Health Administration.  If you refuse to do the unsafe act and you are disciplined, then by taking the steps above, you will at least have some legal recourse.... Read More

Unless you have a written contract for a specific duration, you have no remedy in Georgia. The type of damages you state are known as "detrimental reliance." You relied on what they promised, to your detriment. This is not a valid action on an employment position in Georgia. In Georgia, you are not entitled to any settlement or separation package, therefore, what ever they do offer is gratuitous. In your salary range, many to-be separated employees use law firms to negotiate the package. I suggest you do that.... Read More

It's difficult to answer your question without more specific detail, but I'll give you an overview:  If the employer is harassing and/or discriminating against your husband because of his age, race, sex, national origin, disability, or religion, then the employer is violating the law.  If your husband is being abused/harassed because he is a whistleblower, or complained about terms and conditions of employment, or took a medical leave, he may have legal protection.   However, if this is a personality conflict between your husband and his supervisor, there is not much you can do.   There is no law against an employer behaving like a jerk. If your husband believes he is legally protected, he should document the incidents of harassment and contact an attorney. ... Read More