Answers Posted By Neil Rubin
Answer to What if they hire a younger person to take my job and want to transfer me to a different job.
I have but one thing to add. Do NOT file a charge of discrimination with the Ohio Civil Rights Commission. If you do, you will limit your legal options. Good luck.posted Mar 30, 2011 4:11 PM [EST]
Answer to Does my son, a barber, have a case against his employer for firing him.
This message is not meant to: 1) contain my signature; 2) contain legal advice; 3) create an attorney/client relationship; or 4) guarantee confidentiality.Certainly the owner of the shop is way out-of-line in his treatment of your son but it is not illegal. The boss can be rude and fire anyone for any reason. (The are some exceptions). What I don't understand is if your son pays a monthly rent for a chair he is a tenant, not an employee. Further, if your son purchased and owns the equipment, his boss can't keep it. This constitutes theft. You may want to consult with an attorney to evaluate the status of the relationship your son has with this owner.
Regarding the lack of receipts for the rental, a call to the Ohio Department of Taxation to file a complaint will get some action.
posted Feb 17, 2011 3:23 PM [EST]
Answer to What if your medical condition requires a longer absence than the 12 week FMLA allows?
This message is not meant to: 1) contain my signature; 2) contain legal advice; 3) create an attorney/client relationship; or 4) guarantee confidentiality.I would agree with Bruce in that if you consult with an employment lawyer, this person can assess whether or not your husband's FMLA leave was administered correctly by his employer. (eg. applied it equally among all the employees, counted the time correctly, or used other PTO in lieu of FMLA). And then suggest options to perhaps convince the employer to keep him on.
Since this is a very important issue in your lives a consultation is indicated.
posted Feb 17, 2011 3:02 PM [EST]
Answer to My employer changed my benefits after I signed a noncompete? Is this legal?
This message is not meant to: 1) contain my signature; 2) contain legal advice; 3) create an attorney/client relationship; or 4) guarantee confidentiality.If you read the posts in the archive section about non-competes you will see that I feel they fuel an employee disaster waiting to happen.
The only way to assess your risk in breaking the contract would be to have an experienced employment lawyer read the contract and determine from its language and the specific facts what an outcome MIGHT be if you should get a new job with a purported competitor.
posted Jan 26, 2011 3:07 PM [EST]
Answer to i signed a non-complete paper but it was not notarize is the paper legal?
This message is not meant to: 1) contain my signature; 2) contain legal advice; 3) create an attorney/client relationship; or 4) guarantee confidentiality.If the notary did not actually witness the signature and attest to it, she is violating the Ohio notary statutes. Further, any attorney who represents such a document as notarized is violating ethical rules. HOWEVER, this does not mean the non-compete is invalid. You need to hire an employment attorney ASAP because defense of this case must begin immediately, especially since you have already been served with the lawsuit. Losing this suit could cost you much, much more than paying for an attorney to help you. Do not delay.
posted Jan 24, 2011 06:34 AM [EST]
Answer to What criteria must employers consider in termination for failure to perform job duties?
This response is not meant to: 1) contain my signature; 2) contain legal advice; 3) create an attorney/client relationship; or 4) guarantee confidentiality.If the employee is at-will, the employer need not use ANY criteria for termination. (At-will employment is discussed in great detail elsewhere in MEL. There are some narrow exceptions, such as discrimination due to race, age, religion etc.)
The employer is not compelled to give any reason or recommend corrective actions even though the record up to that point was exemplary. Neither must the employer offer FMLA leave if they are not on notice that the employee has a serious condition which precludes the employee from working.
The same goes generally for disability. An "interactive" communication with the employer is required concerning the disability and the "reasonable accomodation" the employee is seeking.
So, whether the employer unlawfully did not offer FMLA leave or disability accomodation will first depend on whether the employee notified them of the problem.
posted Nov 5, 2010 08:56 AM [EST]
Answer to Vacation Policy change
Unless you have a VALID and executed employment contract which specifically states vacation provisions, the company can essentially make policy changes at any time for any reason. (An Employee Manual is not normally a contract.)So, if the question is can they do it? Yes, they can. If the question is can they do it through email? Yes, they can.
Now, there are a few very narrow exceptions to the general rule. But it does not appear from your facts that these exceptions apply. To make sure you may engage an employment attorney for a consultation to find out.
posted Nov 3, 2010 11:16 AM [EST]
Answer to Should I allow my employer to pursue liquidated damages?
"Allowing [your] employer to pursue liquidated damages" is not really your call. If the agreement is written correctly, this is not an illegal provision. If your employer sues you, depending on your salary, this could be a very expensive dispute. I recommend you hire an attorney to review the contract to give you a legal opinion and the options available.posted Nov 3, 2010 08:03 AM [EST]
Answer to Is being promoted to a position and then terminated for not being the right fit legal?
The short answer is "yes". (Look at all the questions on this website concerning "at-will employment". If you are an at-will employee, you can be terminated at any time for no reason at all-- with some exceptions.)One of the exceptions is being terminated because of disability. You mention a "medical issue" but more details are required to determine if your medical issue is a disability. I recommend consultation with an employment lawyer.
posted Oct 28, 2010 08:00 AM [EST]
Answer to Wrongful Discharge Force to Sign Document
This is one of those nasty things some employers do that just make my blood-pressure skyrocket.Assuming your spouse is "at-will" the employer need not have ANY reason to terminate her. Therefore, her driving history and background check have no relevance.
Regarding the granting of unemployment compensation, this depends on what you mean by "misleading" and the evidence that can prove it. Not so incidentally, there is a multilevel appeal process for the Ohio Department of Job and Family Services rulings but the statute of limitation is only 21 days. Therefore, you must act quickly.
I will speak to you briefly free-of-charge to see if I can guide you further.
Neil Scott Rubin
Attorney at Law, LLC.
P.O. Box 691
Twinsburg, Ohio 44087
phone: 216-923-0333
fax: 330-405-0907
email: nsrubinlaw@hotmail.com
This email message is not meant to: 1) contain my signature; 2) contain legal advice; 3) create an attorney/client relationship; or 4) guarantee confidentiality.
posted Oct 27, 2010 11:30 AM [EST]