Answers Posted By Neil Rubin
Answer to Can your employer revoke your ability to travel when using FMLA for an off the job injury?
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 doctor is the person who can advise you about your ability to travel when on FMLA. If he allows you to travel even though you have a "serious medical condition" (this is the standard that your doctor must certify in the paperwork) your employer does not have the power to limit your behavior while on leave.
Also, it is not your employer's call when you are able to return. The doctor will certify when you can again do all of your job duties.
I would recommend a letter from the doctor advising your employer about your abilities to travel and return. At least you will have an informed third party that can advocate for you. But beware and keep good notes as to how your supervisers treat you when you return because I can see some retaliation coming your way.
posted Jun 6, 2010 3:25 PM [EST]
Answer to What information is needed to find out if a non-compete agreement would apply to my husband?
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 have but one initial question. Non-compete contracts are important documents because they could bind you contractually to something you really do not want. Why would your husband not keep a copy of something so important?
Okay, now that I have chastised him it appears from your facts that it is a possibility that he may get fired if he should even ASK about the existence of the non-compete? Wow! Could he ask someone in HR to see his personnel file without creating suspicion? (Assuming a document of this sort would be in his personnel file.)
Absent this request and since he does not recall any further attempts, I sincerely doubt that they could "sneak one in" on an online pay stub. There are material provisions in a non-competes which do not lend themselves to "sneaking". Further, I doubt it would be enforceable considering he does not have any knowledge of it. Also, a "blanket yes" does not cut it until you can see it.
Having stated the above, this is just a calculated risk he may need to take. Until an attorney can look at the actual language of an existing agreement, there is really no way of knowing to what extent he is bound.
posted Jun 1, 2010 2:46 PM [EST]
Answer to If I work 10 hours a day am I entitled to 2 hours of overtime for that day?
Overtime for non-exempt employees must be paid when the employee works over 40 hours per week. The daily amount is not relevant. The paid holiday is not counted toward the 40. So, your employer appears not to be violating the law for the holiday week unless you are actually working more than the 40 per week.This message is not meant to: 1) contain my signature; 2) contain legal advice; 3) create an attorney/client relationship; or 4) guarantee confidentiality.
posted Jun 1, 2010 10:50 AM [EST]
Answer to Non compete in Ohio under Pa law
Can you "SUCCESSFULLY contest the non-compete contract"? Well, there is no way of knowing until an attorney looks at the language of the agreement as well as the circumstances of your employment.Moreover, you will need to decide if your total damages are high enough to want to go through the stress of a lawsuit.
As I have stated previously on MEL, non-competition agreements can rise up and bite you, so do not think you can do this by yourself. Again, you need a PA attorney to guide you.
posted May 14, 2010 05:15 AM [EST]
Answer to Does a company in "foreclosure" have to honor employment agreements - specifically severance pay?
The very first thing to do is to have an attorney look at the "employment agreement" to see whether or not it actually is a binding agreement. If so, and the employer is indeed obligated to pay a severance by contract, an analysis should be made to understand how the company is winding up its business. (You don't state whether or not the company is filing for bankruptcy protection.)Due to its financial condition and the lack of assets available to pay these severance packages my sense is, even if separated employees should be paid, secured creditors stand ahead of the employees.
But I could be wrong. So, engage an attorney to
determine your options.
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 May 6, 2010 05:55 AM [EST]
Answer to is a new employer liable to be sued by former employer in a non compete?
First and foremost, get a lawyer for the Unemployment appeal! If you lose, you will be required to pay everything back that you received from the Ohio Department of Job and Family Services.Second, you have a milieu of facts here so I can't say for sure without going deeper into the circumstances. However, yes, your new employer can be brought in as a party in the non-compete; certainly if he knew about it ahead of time. One big question I have: how is it that you "were unaware of the existing non-compete"? "Wishing you well" does not void the contract.
I am willing to speak to you briefly free-of-charge to discuss the matter to see if I can guide you.
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 May 4, 2010 07:12 AM [EST]
Answer to Is it an Ohio Law to have a section in your policy and procedure manual about sexual harrassment?
Whoa! It's not ILLEGAL not to have a sexual-harassment policy but it sure is stupid. I find it amazing that you work for a "large" company and your boss is so resistant.Further, it is true that your boss and YOU could be held individually liable, or a least need to defend yourselves if a worker sues for sexual harassment.
So . . . if you have the purchasing authority, you may want to hire an employment attorney to write up an opinion letter to your boss to explain the problems. Otherwise, you are playing with fire.
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 Apr 26, 2010 12:46 PM [EST]
Answer to Temporary pay cuts for performance management
Is it ethical? Nope. Is it immoral? Yep. Is it ILLEGAL?--only if the policy drops you below minimum wage. This, your employer, can not do. Now, your employer can write you up or even terminate you for poor quality, but they have to pay you at least minimum wage for all the time that you work.The law in Ohio is strongly of an at-will nature. The courts have held that the worker can leave at any time as well as be terminated at any time for any reason, so, the theory goes, you are equal to your employer in determining where you work.
Does it stink? Yep. Will it change--not unless there is a complete change in the makeup of the Ohio Supreme Court.
posted Apr 22, 2010 09:07 AM [EST]
Answer to Is my employer required to hold my job while I am on maternity leave?
Dear Amanda,Your question triggers lots of follow-up questions which are too burdensome for email communication:
1) Are you eligible for FMLA?
2) Did you apply correctly and give adequate notice?
3) Is this really an FMLA issue or just your employer's pregnancy-leave policy?
and others.
Since you live in Hamilton County I recommend you visit http://www.oelasmart.net/ to find a local attorney to answer more completely.
posted Apr 22, 2010 06:37 AM [EST]
Answer to can an employer delete hours from an employees paycheck for allegedly not clocking out?
There is a lot of discussion on this website which deals with your issues. Go to the Q&A section and click on "overtime". The statement of the law will be there.As for your situation, it appears that your employer has violated both federal and state wage and hour laws. You should speak to an employment lawyer to make an accurate determination and maybe hire this lawyer to first contact your former employer and inform them of their wrongful ways. This may get you a quick resolution before litigation is needed.
Good luck.
posted Apr 1, 2010 09:21 AM [EST]