Answers Posted By David Neel

Answer to Was given a choice of layoff or severance pay, how will either affect unemployment

Assuming that the reason for separation from employment is not your fault, you can get benefits. You cannot get benefits, however, during the time period covered by the severance payment.

posted Jul 15, 2020 04:57 AM [EST]

Answer to Am I stuck in a non-compete agreement?

Now that I've seen your second submission of the question, I can say that you need to consult with an employment lawyer, who will need to see the non-compete you signed.

posted May 23, 2020 07:16 AM [EST]

Answer to I am stuck in a non-compete contract that I was forced to sign. I worked for over twenty years in a small family owned business in Ohio. I obtained a college degree while employed there in anticipation of needing it when the family decided to close the bu

Your question is cut-off, but from what's there it appears that the family owned business is closing. If by closing you meant that the business will be defunct, then that business will not be around to complain about a breach of your non-compete. You should call an employment lawyer that offers a free consultation because there could be additional information required to answer your question(s) completely and accurately.

posted May 23, 2020 07:14 AM [EST]

Answer to yes my work is deeming them selves an essential business during this crisis which wtih me and all of my coworkes dont agree with that statment. On top of that statement there is no really action be taken to ensure the safety of us, they are pushing the bi

You seem to raise two issues: (1) whether your employer is an essential business; and (2) whether your employer is sufficiently protecting the health and safety of its employees.

Regarding the first issue, cut and paste into your browser for a description of essential businesses: https://www.wcpo.com/news/government/state-government/ohio-state-government-news/ohios-shelter-in-place-order-what-businesses-are-considered-essential. The full stay-at-home order can be found here: https://content.govdelivery.com/attachments/OHOOD/2020/03/22/file_attachments/1407840/Stay%20Home%20Order.pdf. You should also visit the Ohio Department of Health's website and perhaps contact them for additional information. They might take action to shut down a "non-essential" business that remains open. Local health departments also have enforcement powers.

Regarding the second issue, employers have a duty to provide a safe work environment. The stay-at-home order at paragraph 15(a) lists certain actions that "essential businesses" must implement where possible. More likely than not, essential businesses that adhere to these requirements will be deemed to have adequately protected the health and safety of its employees, although depending on the nature of your employer's business other actions that are feasible should be taken.

posted Mar 24, 2020 08:35 AM [EST]

Answer to My boss gave me my paycheck and I cashed it and it bounced now he won't give me my next paycheck because I cashed the one that bounced is that allowed I need my money my bill are over due due to this what should I do

Employers have to pay their employees for work performed so no, it is not allowed. The relevant statute is Ohio Revised Code section 4113.15. If wages remain unpaid for thirty days beyond the regularly scheduled payday, then the employer is liable for damages of up to $200. That's in addition to what they already owe in wages. You can sue for unpaid wages and damages in small claims court without a lawyer. If the employer fires you because you filed a lawsuit you probably then have a wrongful termination case against the employer.

posted Mar 19, 2020 2:31 PM [EST]

Answer to Can my former employer sue me for collecting unemployment?

If you received benefits, she did not timely appeal, there is no pending appeal anywhere, and ODJFS did not issue a repayment order, then her claim is frivolous.

posted Jan 1, 2019 12:23 PM [EST]

Answer to I had brought (explicit)reading material to work, and left it behind by accident. Today I was fired for Sexual harrasment. I showed this material to no one.

Assuming your employer did not promise you a job for a specific period of time, you could be fired for any reason or no reason. Leaving porn lying around at work is as good a reason for termination as any, when no reason has to exist anyway.

posted Dec 12, 2018 06:55 AM [EST]

Answer to Can y Ohio public employee retirement benefit direct deposit checks be garnished by credit card bill collectors.

Your question is not really an employment law question. Try a debtor-creditor board.

posted Sep 18, 2018 05:47 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.

Agreed

posted Sep 18, 2018 05:43 AM [EST]

Answer to If I have an FMLA restriction to work no more than 8 hours per day and no more than 40 hours per week, can my employer change my normal work scheduled from M-F to T-S. Saturdays are not guaranteed hours as they cancel them often. Therefore, this leaves me

Just some quick observations -- 1. Scheduling is the employer's prerogative; (2) it would be illegal if the employer changed the schedule to reduce your hours as punishment for exercising or having FMLA.

posted Sep 13, 2018 06:14 AM [EST]