Answers Posted By Neil Rubin
Answer to Can my employer tell you an hour before your shift is over that there is manditory overtime?
This message is not meant to: 1) contain my signature; 2) contain legal advice; 3) create an attorney/client relationship; or 4) guarantee confidentiality.If you are an at-will employee your employer can discipline you for almost any reason. The fact that you have children does not prohibit them from doing so unless you can prove that the discipline can be causually-linked to your gender as the caretaker of the children. So, mandatory overtime is not normally illegal.
What IS illegal, however, is if you are a non-exempt employee they CAN NOT have you work for free. This is a violation of both state and federal law and can be quite costly to them if they do it. "Volunteering" has no relevance.
posted Oct 23, 2010 1:47 PM [EST]
Answer to Do I have vacation pay coming?
Basically, if you are an at-will employee (the vast majority of workers in Ohio are at-will) the company can change its policy at any time without legal recourse. An employee handbook is NOT a contract unless there is a bargained-for consideration (as well as other issues). It is doubtful that this is the case.Whether or not you have actually already earned the vacation requires more information. If you call me I will speak to you free-of-charge 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 Oct 23, 2010 1:37 PM [EST]
Answer to Is this enforeceable
There are lots of answers on this subject in this website. I suggest you review the archives to get the basic law.Essentially, in Ohio, these agreements ARE enforceable and you could be successfully sued. And believe me, this will really ruin your day.
There are other "pertinent part[s]" in the agreement. I suggest that you engage an Ohio employment attorney to review and give you an opinion regarding the enforceability of the contract. Otherwise, it may cost you a whole lot of time, expense and emotional capital to fend off legal action.
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 Oct 23, 2010 1:27 PM [EST]
Answer to Jurisdiction Ohio Resident working weekdays in Arkansas
Practically speaking, it does not matter which state jurisdiction applies because gender discrimination and violation of equal pay statute is a violation of FEDERAL law. (State laws usually just track Title VII of the United States Code.) Further, since there are a few overlapping jurisdictions, federal law will most likely control.Having said this, you mention in your question a "contract". If it is an employment "contract" (rare), there is probably a clause in it which designates the jurisdiction in the event of a dispute. However, this will apply only to breach of the contract itself and not violation of federal law.
You have many issues here including your question about company mediation. I would be willing to speak to you briefly free-of-charge to see if I can guide you further.
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 Oct 15, 2010 07:01 AM [EST]
Answer to What is the max amt of hours your employer can mandate you to stay over and work? You have already w
It is true that employment statutes rarely designate maximum number of hours that can be worked. However, since you work in the health-care industry (you have not stated whether or not you are a health-care professional) it is possible that some state regulatory agency (eg. Board of Nursing) could advocate for you.Hospitals have increasingly put pressure on workers to be "available" to work according to patient census and have also sent employees home during scheduled hours when there are discharges and the census drops below a certain point (I'm probably telling you something you already know.) The trends are very troubling and I know from personal experience that patients are at risk because of these practices. Right now, I know of no particular governing body that has jurisdiction over these problems. Maybe a legislator will take up the fight.
posted Oct 11, 2010 4:23 PM [EST]
Answer to Can't Work With Former Employees???
There is a great deal of discussion in this Q & A section concerning the non-compete laws of Ohio. I suggest perusing the archives to get an idea of the problems these agreements can create. Also, the only way to understand whether the agreement is enforceable is to have an experienced employment attorney look at the language and provide you with a legal opinion. As I have stated on this website numerous times, don't mess with this stuff by yourself. It can rise up a bite you.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 Sep 25, 2010 11:17 AM [EST]
Answer to Can family members work together at the same retail store?
This 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 no law that limits an employer from this policy as long as the policy is enforced in a non-discriminating manner.
However, since the brother is arguably disabled, the home improvement company may be convinced that a reasonable accomodation must be made pursuant to federal law. I suggest you contact an employment lawyer to advocate for you.
posted Sep 25, 2010 10:57 AM [EST]
Answer to Do I have to be apart of questioning?
Assuming you are an at-will employee, your employer can terminate you for no reason at all. There are some exceptions to this general rule. Make sure you use the word "retaliation" when you state your concerns. (Hopefully, in front of a witness, or in writing.)This will not necessarily stop you from being dismissed, but it may protect your legal rights down the road.
posted Sep 21, 2010 6:46 PM [EST]
Answer to My non-compete does Not designate a distance
In addition to Bruce's comments I would add that a geographic limitation is important. However, just because this is absent, it does not mean the agreement will not be modified and/or enforced. As I have stated many times before on this website, don't mess with this. This scenario is fraught with danger. Get an employment lawyer to give you an opinion.posted Sep 21, 2010 6:42 PM [EST]
Answer to Is a non-compete contract enforceable in case of forced resignation (demotion, salary cut, etc)
I agree with David. Sad but true. This agreement could be enforced if its terms are REASONABLE. (There are a lot of answers in the non-compete section of this Q & A. You will find details there.) Hiring an attorney is good advice.posted Sep 21, 2010 6:38 PM [EST]