Answers Posted By Neil Rubin
There is a lot of discussion on this website regarding overtime regulations. It appears from your facts that your employer, indeed, is violating federal and state wage laws. I would recommend that you engage a competent employment attorney because this person will fight harder for you than the "labor board".
answer to Subcontractors getting paid by the hour not by the job. Are we entitled to overtime? posted Feb 10, 2010 10:45 AM [EST]
answer to Subcontractors getting paid by the hour not by the job. Are we entitled to overtime? posted Feb 10, 2010 10:45 AM [EST]
Just be careful that you do not overlook the possibility you have signed an agreement. It does not matter that you were fired. If the agreement exists it may still be enforceable by your former employer if the terms in it are "reasonable". Yes, I know, this seems blatantly unfair but none-the-less legal in Ohio.
answer to What concerns should I have if I don't know if I signed a non compete with Employer who fired me? posted Jan 20, 2010 11:46 AM [EST]
answer to What concerns should I have if I don't know if I signed a non compete with Employer who fired me? posted Jan 20, 2010 11:46 AM [EST]
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.
There is a great deal of discussion on this website regarding non-competition law.
Be aware that the fact you signed the agreement in 1999 or the fact that you have been treated badly really has no relevance.
I recommend you browse through the material in this website and consult an employment attorney to determine whether or not the terms are reasonable.
Neil Scott Rubin
Attorney at Law, LLC
216-923-0333
answer to If I signed a no compete in 99 will it still hold even though I have been treated badly for years? posted Jan 19, 2010 10:45 AM [EST]
There is a great deal of discussion on this website regarding non-competition law.
Be aware that the fact you signed the agreement in 1999 or the fact that you have been treated badly really has no relevance.
I recommend you browse through the material in this website and consult an employment attorney to determine whether or not the terms are reasonable.
Neil Scott Rubin
Attorney at Law, LLC
216-923-0333
answer to If I signed a no compete in 99 will it still hold even though I have been treated badly for years? posted Jan 19, 2010 10:45 AM [EST]
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.
In Ohio it is LEGAL to record a conversation as long as one party to the conversation knows the recording is going on. That is, there is no crime. HOWEVER, your employer can certainly fire you for doing so if you are an at-will employee.
Additionally, if the trainer has copyrighted the training material you may be infringing on the copyright and be liable for a great deal of civil compensation.
Neil Rubin
Attorney at Law, LLC
216-923-0333
answer to can you taperecord a company training meeting with out thier permission posted Jan 19, 2010 10:40 AM [EST]
In Ohio it is LEGAL to record a conversation as long as one party to the conversation knows the recording is going on. That is, there is no crime. HOWEVER, your employer can certainly fire you for doing so if you are an at-will employee.
Additionally, if the trainer has copyrighted the training material you may be infringing on the copyright and be liable for a great deal of civil compensation.
Neil Rubin
Attorney at Law, LLC
216-923-0333
answer to can you taperecord a company training meeting with out thier permission posted Jan 19, 2010 10:40 AM [EST]
I am going to answer this question but be ready for a rant.
Yes, you should consult counsel. I currently have a case with relatively the same facts but has gone further to the absolute devastation to my client.
In my client's case, he decided to represent himself. He was granted compensation and the employer asked for a "reconsideration" (the same stage you are now in). He won at the "reconsideration" stage and continued to collect unemployment.
The employer then appealled and the case was transfered to the Unemployment Compensation Review Commission where a Hearing Officer had a TELEPHONE hearing. My client, feeling pretty good, represented himself at the telephone hearing and got completely skewered by opposing counsel with the Hearing Officer allowing it. He lost and is now required to pay back the $13,000 he already received to feed and clothe his family.
Then the client, said "hmmm, maybe I should get a lawyer to get me out of this mess" and hired me. I tried to get an extension to appeal so I could get the transcript of the hearing but it was denied.
The next step is that we appealed the administrative process where the case goes to a County Court of Common Pleas for hearings and briefings-all the while the interest accruing on the $13,000 that the client allegedly owes back to the Ohio Department of Job and Family Services. (Because of technical problems the case has been going on for nearly two years!)
During the running of this case, client has lost another job but can not collect any further unemployment because of the $13,000 he already owes. Further, his Ohio income tax refund was been withheld and all succeeding refunds will be used as an offset to the $13,000.
(We are currently waiting for the Court's decision and Client will probably lose because the burden to reverse such a decision by an Administrative Hearing Officer is very high.)
Oh, yeah, he is paying me too. Not nearly enough for the problems of the case but he is paying me.
So the upshot of all of this is that the law is not so kind to employees and if you try to get out on the cheap you may get burned big time. GET A LAWYER WHO KNOWS WHAT HE OR SHE IS DOING!
All lawyers don't all act like those people on TV. We are reasonable folks who help and we are not that expensive when you consider what can happen to you in the end. ("You can pay me now or you can pay me later.")
Look, if you cracked a molar, in great pain and didn't have dental insurance you wouldn't perform your own dental work would you? Somewhere, somehow you would find the money to get to the dentist to fix the problem. GET SOME HELP.
Rant terminated.
answer to Employer is appealing the initial determination that I was discharged without just cause, What now? posted Aug 22, 2009 10:05 AM [EST]
Yes, you should consult counsel. I currently have a case with relatively the same facts but has gone further to the absolute devastation to my client.
In my client's case, he decided to represent himself. He was granted compensation and the employer asked for a "reconsideration" (the same stage you are now in). He won at the "reconsideration" stage and continued to collect unemployment.
The employer then appealled and the case was transfered to the Unemployment Compensation Review Commission where a Hearing Officer had a TELEPHONE hearing. My client, feeling pretty good, represented himself at the telephone hearing and got completely skewered by opposing counsel with the Hearing Officer allowing it. He lost and is now required to pay back the $13,000 he already received to feed and clothe his family.
Then the client, said "hmmm, maybe I should get a lawyer to get me out of this mess" and hired me. I tried to get an extension to appeal so I could get the transcript of the hearing but it was denied.
The next step is that we appealed the administrative process where the case goes to a County Court of Common Pleas for hearings and briefings-all the while the interest accruing on the $13,000 that the client allegedly owes back to the Ohio Department of Job and Family Services. (Because of technical problems the case has been going on for nearly two years!)
During the running of this case, client has lost another job but can not collect any further unemployment because of the $13,000 he already owes. Further, his Ohio income tax refund was been withheld and all succeeding refunds will be used as an offset to the $13,000.
(We are currently waiting for the Court's decision and Client will probably lose because the burden to reverse such a decision by an Administrative Hearing Officer is very high.)
Oh, yeah, he is paying me too. Not nearly enough for the problems of the case but he is paying me.
So the upshot of all of this is that the law is not so kind to employees and if you try to get out on the cheap you may get burned big time. GET A LAWYER WHO KNOWS WHAT HE OR SHE IS DOING!
All lawyers don't all act like those people on TV. We are reasonable folks who help and we are not that expensive when you consider what can happen to you in the end. ("You can pay me now or you can pay me later.")
Look, if you cracked a molar, in great pain and didn't have dental insurance you wouldn't perform your own dental work would you? Somewhere, somehow you would find the money to get to the dentist to fix the problem. GET SOME HELP.
Rant terminated.
answer to Employer is appealing the initial determination that I was discharged without just cause, What now? posted Aug 22, 2009 10:05 AM [EST]
As a matter of law, no. Could it? Perhaps. In Ohio, these non-competes can be enforced even though the employee was terminated without "reasonable cause". However, there are other issues to explore (there are many Q & As in this section that will give you the legal explanation). At this point, the absolute best thing you can do is hire an employment attorney and have this person review the actual agreement to determine the probability of enforcement.
Please, do not just take your chances. If you do, you may get bitten in the end.
answer to Does termination void a non-competition? posted Aug 11, 2009 9:19 PM [EST]
Please, do not just take your chances. If you do, you may get bitten in the end.
answer to Does termination void a non-competition? posted Aug 11, 2009 9:19 PM [EST]
standard for receiving unemployment compensation is not the same as being wrongfully terminated
Dear Jason:
The standard by which unemployment compensation is granted is not really related to a civil suit for wrongful termination.
While it is true that your employer terminated you without just cause, this particular analysis is just used to determine whether or not you get unemployment compensation.
If you are an at-will employee the employer does not need ANY reason to terminate you. Unless they DISCRIMINATED against you, that is, fired you because of your status in a protected class or in retaliation due to protected activity you do not have a case.
Further, you can not even use the fact that you were granted unemployment compensation as evidence in a lawsuit.
Sorry I could not be more encouraging.
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.
answer to Wrongful termination declared by unemployment office should I seek further legal action? posted Feb 5, 2009 4:02 PM [EST]
Dear Jason:
The standard by which unemployment compensation is granted is not really related to a civil suit for wrongful termination.
While it is true that your employer terminated you without just cause, this particular analysis is just used to determine whether or not you get unemployment compensation.
If you are an at-will employee the employer does not need ANY reason to terminate you. Unless they DISCRIMINATED against you, that is, fired you because of your status in a protected class or in retaliation due to protected activity you do not have a case.
Further, you can not even use the fact that you were granted unemployment compensation as evidence in a lawsuit.
Sorry I could not be more encouraging.
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.
answer to Wrongful termination declared by unemployment office should I seek further legal action? posted Feb 5, 2009 4:02 PM [EST]
Unemployment compensation/resigning due to mold contamination
This posting is not meant to: 1) contain my signature; 2) contain legal advice; 3) create an attorney/client relationship; or 4) guarantee confidentiality.
Dear Sharon:
If you quit, it will be a very steep uphill climb to receive unemployment compensation. The Commission rarely awards payment for people who voluntarily sever their own job especially in today's employment environment. You would probably need to prove that the working conditions were so egregious and the employer absolutely refused to fix the problem that the "reasonable person" would have no other choice but to resign. This is a very high burden indeed.
Now, in a prior life I was an environmental scientist and I have some specific knowledge of black mold. First, lots of mold is black. Some types can be toxic, (Stachybotrys chartarum) and other types can be just annoying. In any instance of mold infection, it all depends on the sensitivity of the employee to the mold spores. Just because there is black mold in the building does not necessarily mean it is harming you.
Further, if the infection of the building is not extreme, the mold is relatively easy to remove. (Provided it is not of the toxic sort).
So, a better solution would be to talk to the employer and ask that the mold be removed. Failing that, perhaps a call to the local Department of Health may get a response.
Good Luck,
Neil Rubin
answer to concerned about my health and rights for unemployment posted Jul 29, 2008 1:06 PM [EST]
This posting is not meant to: 1) contain my signature; 2) contain legal advice; 3) create an attorney/client relationship; or 4) guarantee confidentiality.
Dear Sharon:
If you quit, it will be a very steep uphill climb to receive unemployment compensation. The Commission rarely awards payment for people who voluntarily sever their own job especially in today's employment environment. You would probably need to prove that the working conditions were so egregious and the employer absolutely refused to fix the problem that the "reasonable person" would have no other choice but to resign. This is a very high burden indeed.
Now, in a prior life I was an environmental scientist and I have some specific knowledge of black mold. First, lots of mold is black. Some types can be toxic, (Stachybotrys chartarum) and other types can be just annoying. In any instance of mold infection, it all depends on the sensitivity of the employee to the mold spores. Just because there is black mold in the building does not necessarily mean it is harming you.
Further, if the infection of the building is not extreme, the mold is relatively easy to remove. (Provided it is not of the toxic sort).
So, a better solution would be to talk to the employer and ask that the mold be removed. Failing that, perhaps a call to the local Department of Health may get a response.
Good Luck,
Neil Rubin
answer to concerned about my health and rights for unemployment posted Jul 29, 2008 1:06 PM [EST]
employment contract terms
This post is not meant to: 1) contain my signature; 2) contain legal advice; 3) create an attorney/client relationship; or 4) guarantee confidentiality.
I am going to give you the same analogy I have given to many others when it comes to interpreting and negotiating employment contracts.
If you have an abscessed molar and it needs to be extracted, would you do it yourself? Of course not. You would pay a competent dentist to do it.
Employment contracts can be fraught with trapdoors. By virtue of the fact that your employer is offering you a contract (not at-will employment) you are in the enviable position of negotiating the terms in it.
Even if ambiguous, there is nothing inherently illegal with the clause you describe, however, my recommendation would be to hire an attorney to specifcally review the language of the contract and advise you. The fee should not be all that much but I can tell you that if the circumstances occur whereby your employer attempts to enforce the contract, it will cost you a whole lot to defend yourself.
Don't mess with this. Get an attorney to read the contract. Remember the old saw, "you can pay me now or you can pay me later".
Neil Rubin
216-923-0333
answer to Employee voluntary termination penalty posted Jun 14, 2008 3:00 PM [EST]
This post is not meant to: 1) contain my signature; 2) contain legal advice; 3) create an attorney/client relationship; or 4) guarantee confidentiality.
I am going to give you the same analogy I have given to many others when it comes to interpreting and negotiating employment contracts.
If you have an abscessed molar and it needs to be extracted, would you do it yourself? Of course not. You would pay a competent dentist to do it.
Employment contracts can be fraught with trapdoors. By virtue of the fact that your employer is offering you a contract (not at-will employment) you are in the enviable position of negotiating the terms in it.
Even if ambiguous, there is nothing inherently illegal with the clause you describe, however, my recommendation would be to hire an attorney to specifcally review the language of the contract and advise you. The fee should not be all that much but I can tell you that if the circumstances occur whereby your employer attempts to enforce the contract, it will cost you a whole lot to defend yourself.
Don't mess with this. Get an attorney to read the contract. Remember the old saw, "you can pay me now or you can pay me later".
Neil Rubin
216-923-0333
answer to Employee voluntary termination penalty posted Jun 14, 2008 3:00 PM [EST]
Is this an employment contract which can be enforced?
Dear Robert W.:
This is the type of story that just makes my blood boil. (I have suffered the situation you have described in my working career. This is the primary reason I work for myself.)
The presumption in Ohio is that you are an at-will employee. Practically speaking, you accept a job and do work and the employer pays you. If the terms of the employment are not satisfactory you are free to resign and get a new job. And . . . on the other side of the coin, the employer can terminate you for no reason at all, subject to the exception of certain discriminating conduct.
Another exception to at-will employment is the "employment contract".
The ultimate question in your fact pattern is if the document you signed is actually an "employment contract". If it is, you have some legal recourse. If it is not, you have no recourse. The only way for you to reasonably determine if you have an enforceable contract is to consult with a competent employment attorney.
But, even if you have a valid employment contract, you may need to sue your employer to enforce the contract's terms--not an attractive scenario--especially since he can fire you.
Sorry I could not be more encouraging. At the very least you should have an attorney look at the job-offer paper. This attorney may be able to negotiate something with your employer without filing suit.
Good luck,
Neil Rubin 216-923-0333
This post is not meant to: 1) contain my signature; 2) contain legal advice; 3) create an attorney/client relationship; or 4) guarantee confidentiality.
answer to lies in job offer posted Jun 4, 2008 5:42 PM [EST]
Dear Robert W.:
This is the type of story that just makes my blood boil. (I have suffered the situation you have described in my working career. This is the primary reason I work for myself.)
The presumption in Ohio is that you are an at-will employee. Practically speaking, you accept a job and do work and the employer pays you. If the terms of the employment are not satisfactory you are free to resign and get a new job. And . . . on the other side of the coin, the employer can terminate you for no reason at all, subject to the exception of certain discriminating conduct.
Another exception to at-will employment is the "employment contract".
The ultimate question in your fact pattern is if the document you signed is actually an "employment contract". If it is, you have some legal recourse. If it is not, you have no recourse. The only way for you to reasonably determine if you have an enforceable contract is to consult with a competent employment attorney.
But, even if you have a valid employment contract, you may need to sue your employer to enforce the contract's terms--not an attractive scenario--especially since he can fire you.
Sorry I could not be more encouraging. At the very least you should have an attorney look at the job-offer paper. This attorney may be able to negotiate something with your employer without filing suit.
Good luck,
Neil Rubin 216-923-0333
This post is not meant to: 1) contain my signature; 2) contain legal advice; 3) create an attorney/client relationship; or 4) guarantee confidentiality.
answer to lies in job offer posted Jun 4, 2008 5:42 PM [EST]
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