Answers Posted By Neil Klingshirn

Answer to Can I file for unemployment if employer was planning to lay me off and lead me to resign instead?

I am an Ohio attorney, so I cannot answer your question under Kansas law. In Ohio, however, employees are able to receive unemployment compensation even though they quit, if they can prove good reason for quitting. If Kansas has a similar law, consider applying for benefits.

posted Feb 26, 2019 09:08 AM [EST]

Answer to Is there a statute of limitations on tuition reimbursement requests?

The repayment agreement is probably a contract under Ohio law. A party to an Ohio contract has 8 years to file suit for a breach of a written contract.

The suit for a breach of contract is expensive and time consuming, though, so you have some leverage if you want to negotiate a payment schedule.

posted Feb 26, 2019 08:43 AM [EST]

Answer to What is the statue of limitations on wrongful termination while working for the government in Ohio. Many laws broken. If I had to choose It was wrongful termination.

The statute of limitations on an FMLA claim is two years, or three if it was willful. If you are within two years, you should assume the statute of limitations is two years, since it is difficult to prove a willful violation.

posted Sep 17, 2018 09:26 AM [EST]

Answer to Position eliminated then reopened after taking step down?

If you were removed and replaced because you applied for FMLA (even if you did not use it) or were perceived as someone who is likely to use FMLA time off, and there are 50 or more employees where you work, you may have a claim under the FMLA.

You can call our office at 216.382.2500 and speak with our administrative assistant, who will gather information about your situation and your employer and, if there is no conflict on our end, offer you a consultation to consider your matter in detail. We do charge $300 for consultations, though.

If you are not in the Cleveland-Akron area, or you want to see if other Cleveland area lawyers charge less for a consult, try the lawyer directory on OELASmart.net, which is the Ohio Employment Lawyer's Association (OELA) website.

posted Aug 17, 2018 08:33 AM [EST]

Answer to If I hand in my resignation to a facility where I have been employed for 29.5 years and then they decide to fire me will that stop me from getting my pension

Ouch. Once upon a time they would give you a gold watch when you left.

Whether or not you are entitled to a pension depends on the employer's pension plan. They come in two flavors. One is like a 401(k), where you contribute to it, and the other is based on years of service and provides a defined benefit.

If you have a 401(k) or similar plan, the money in it belongs to you. That does not change whether you leave your employment due to retirement, resignation or termination.

Defined benefit plans are becoming rare these days, but since you worked there almost 30 years, you might have one. If so, your benefits (that is, pension) is defined by the plan. You are entitled to ask for a copy of the Plan. You should do so. It will tell you whether you are eligible for benefits.

Without seeing the Plan I cannot tell you what it says. As a general rule, though, such pension plans are based on your years of service and not the reason for your separation from employment. I doubt that being terminated will stop you from getting your pension.

If, however, you submitted your resignation effective on your 30th anniversary AND you would get a better benefit then as compared to now AND your employer fired you for the specific purpose of preventing you from getting that better benefit, then you may have a claim for interference with your pension benefits, which is prohibited by a law called ERISA. In that event, contact me.

Best regards,

Neil Klingshirn
216-382-2500

posted Jul 12, 2018 7:54 PM [EST]

Answer to Docking A Full Day's Pay From Exempt Employees

The article you mentioned was written in 2003 by a New York licensed attorney about a federal law. That law, the Fair Labor Standards Act, applies in Ohio the same as it does in New York. Therefore, information about the FLSA for New York is useful for Ohio. However, the FLSA's regulations changed in 2008, so the answer may no longer be up to date.

I suggest that you consult with an attorney who practices FLSA law. If you are in Northeast Ohio, I suggest Jason Bristol, https://www.oelasmart.net/members/1271.

posted Nov 25, 2017 10:02 AM [EST]

Answer to I have been with company for over 17 years. The last 9 n half I have been a manager. I had to have 2 shoulder surgeries n when I got released to return to work my boss said I was being demoted because of missing for surgery. I have pretty much perfect att

If more that 50 people work for this company at your location, and you worked at least 1,250 hours in the year before your leave, then the Family and Medical Leave may apply, in which case you should have been restored to your previous position as long as your leave was less than 12 weeks.

posted Aug 7, 2017 09:04 AM [EST]

Answer to My doctor messed up my FMLA paperwork on flare-ups from the previous paperwork can I have him back date the new paperwork to cover days missed

I see no reason why your doctor could not clarify the certification to make it more accurate. S/he should be transparent that it is an after the fact clarification, though.

posted Jun 7, 2017 06:57 AM [EST]

Answer to Can I do work for a former employers customer?

The answer depends first, on the language in your non-compete. Does it say you may not provide any service for your former employer's customers? If so, then you will need a court's help to limit the restriction to those services that compete with the former employer's services.

posted Jun 4, 2017 07:18 AM [EST]

Answer to The company I work for is being bought out by another company well the company I work for had me sign a retention bonus if I don't get rehired well I just got my papers last Thurs from the new company that said they aren't keeping me because my background

The answer depends on whether the "retention bonus" is an enforceable agreement and, if so, what it says about payment in the event the acquiring company chooses not to hire you. To get a definitive answer, you should review the retention bonus document with an attorney.

posted May 31, 2017 09:30 AM [EST]