Answers Posted By Neil Rubin
Answer to I was dismissed from work due to lack of work and then denied unemployment
1) IMMEDIATELY file a Notice of Request for Reconsideration with the ODJFS.2) ASAP hire an experienced attorney to investigate and prepare the additional information that the ODJFS requires for review and Reconsideration. The ODJFS will most likely deny the Reconsideration but you must go through this step to get to a second-level appeal.
3) If Reconsideration is denied, have your attorney file an appeal with the Unemployment Compensation Review Commission. Your attorney will then prepare for the hearing and perhaps get the imitial decision reversed by calling witnesses who know the real story.
Good luck.
posted Sep 21, 2010 6:36 PM [EST]
Answer to Is my non-compete valid when I had my pay cut and benifits cut ?
There many questions and answers on this website which deal with your issues. I suggest you peruse the archives.The short answer is this:
1) In Ohio, it is legal to require you to sign a non-compete in return for continued work;
2) It is generally irrelevant that you had your wages and benefits cut as to whether the agreement is enforceable; and
3) You should engage an employment attorney to give you a legal opinion as to whether the agreement has "reasonable" terms. This is in order to predict the probability of your employer taking you to court if you were to breach the agreement.
Don't mess with this. Some employers are getting nasty about ex-employees working for a "competitor". It could cost you a whole lot in the end if you don't know the answers first.
There is arguably one cause-of-action you may have against your employer. It is called promissory estoppel. It's tough to win. So you should ask an employment attorney about it.
posted Sep 8, 2010 3:42 PM [EST]
Answer to My boss bullied me into resigning. Is this constructive discharge or wrongful termination?
I agree with Bruce that the resignation will stand and you will not get your job back. When you are at-will they do not need to keep you on for any reason (with a few exceptions).But what is your question really asking? Is it that you want to get unemployment and it is now at risk because you "resigned"? If that is the case you should contact an employment lawyer as soon as possible to advocate for you from the very beginning of the unemployment application process. Otherwise, I see a denial coming. Good luck.
posted Sep 2, 2010 12:07 PM [EST]
Answer to am I entitled to unused vacation pay?
Unless you belong to a union which allows for it in a collective bargaining agreement, there is no law which compels your employer to pay you for unused vacation. This is especially true when they are following their policy in a non-discriminatory fashion. The fact that they do not specify between active, retirement or terminated employees has no bearing because they have stated that no one will be compensated. I am sorry that I could not be more encouraging.posted Sep 2, 2010 12:02 PM [EST]
Answer to I was discharged from a temporary position for being wrongfuly accused of damaging property.
If you are at-will employee (as the vast majority in Ohio are) the employer need not give you ANY reason for discharge. You, on the other hand, are free to leave and get a new job whenever you want (I know, easier said then done). It does not matter if they were mistaken about the dent. Even if you could prove that you did not do it, they are not compelled by law to hire you back.There are, however, some major exceptions to the general rule. If they terminated you BECAUSE you are a minority, a woman, pregnant, a minority religion, from a different country, disabled or at least 40 years of age, then there could be a case of discrimination.
The only way for you to know is to consult with an employment lawyer.
posted Aug 23, 2010 5:48 PM [EST]
Answer to I signed a non compete
Changing from temporary to permanent and being terminated, in and of itself, does not render the non-compete invalid. If the non-compete has been drafted correctly it is enforceable. Employers have been nasty about these things lately. Therefore, I recommend engaging an employment attorney to look at the agreement and give you an opinion as to whether this is something to consider when looking for a new job.posted Aug 23, 2010 5:39 PM [EST]
Answer to can my boss tell a fellow employee that i put there name in a sex discrimmination charge
There is nothing inherently illegal about this notification. Practically speaking, the accused should be able to know why there is an investigation and who is accusing them of discrimination.However, your complaint is protected activity. Therefore, if the accused, or anyone else in the workplace harasses you because of the complaint, you will have cause to file a complaint for retaliation.
posted Aug 7, 2010 09:12 AM [EST]
Answer to Does an employee have a case of tortious interference, defamation or slander?
This message is not meant to: 1) contain my signature; 2) contain legal advice; 3) create an attorney/client relationship; or 4) guarantee confidentiality.Your description of the circumstances has all the elements of defamation:
1) statement published (spoken or written) to non-privileged third-party;
2) statement is false;
3) publisher knew (or should have known) that the statement was false;and
4) false statement caused damages to reputation.
Further, there might be a retaliation and hostile work environment case here.
Whether it is strong enough to pursue, I can not say. I would need more information. I will speak to this person briefly to see if I can guide him/her.
posted Aug 4, 2010 10:40 AM [EST]
Answer to can an employer still appeal an unemployment claim after the first 21 days?
They can not "appeal" after 21 days, however, it has been my experience that the employer has appealed timely but that you were not notified in a timely fashion.You need to hire an attorney quickly to see if that decision can be fought.
posted Jul 27, 2010 07:01 AM [EST]
Answer to Is employers actions enough?
This message is not meant to: 1) contain my signature; 2) contain legal advice; 3) create an attorney/client relationship; or 4) guarantee confidentiality.Your employer did not take action fast enough. However, they have finally done the right thing by sending him to what I presume is "sensitivity training". I am wondering why there is still tension in the office. It appears that the situation has not been fixed to your satisfaction but it is unclear from the facts you have given. If this is true, then another complaint, in writing, should be filed with corporate counsel for a hostile work environment emanating from your initial sexual harassment complaint.
If there is nothing done, you arguably have a cause-of-action for sexual harassment and an unlawful hostile work environment.
But, (and this is a big but), what damages have you suffered? Has your employer given you an adverse job action because of your complaint? Has your emotional distress been treated by a physician? These are questions a plaintiff's employment lawyer will ask to determine if there is a case.
posted Jun 25, 2010 06:55 AM [EST]