Answers Posted By Neil Klingshirn

Answer to Unemployment benefits for day to day layoffs???

Apply for partial unemployment

I believe that Ohio will award unemployment compensation benefits as a result of a reduction in hours. I am not sure of that, but believe it to be the case. You could pay an attorney $50 to $100 to verify if this is the case. However, you can also fill out an application for benefits and will learn that way. There is not penalty for requesting unemployment, even if you are not eligible, so long as the facts on which you base your request are true and complete.

Best regards,

Neil.

posted Oct 24, 2008 11:15 AM [EST]

Answer to Terminated for no reason

Classic case of employment at will

An employer does not need a reason to terminate employment of even it's best employee. That is the heart of the employment at will doctrine. However, most things have a reason. If you learn that the reason for your employment was unlawful, then you can turn to the civil justice system (i.e., the courts) to seek a remedy.

If you know the real reason and suspect that it may be unlawful, contact me at Neil@fklaborlaw.com.

Best regards,

Neil

posted Oct 21, 2008 09:20 AM [EST]

Answer to arbitirations

Your employer can make the arbitration agreement a term of employment

An employer can require its employees in Ohio to sign an arbitration agreement as a term of employment. If you do not want to sign it, the logic goes, you are free to work elsewhere. The employer thus has significant, unfair leverage.

An arbitration agreement that supposedly waives your right to recover punitive damages may not be enforced, however. Some courts will not enforce provisions that waive such rights. A waiver of a right to a jury trial, however, is usually upheld.

posted Sep 9, 2008 4:47 PM [EST]

Answer to Healthcare Whistleblower Terminated

Consult the Nursing Home Bill of Rights

Ohio law has a Nursing Home Bill of Rights that protects whistle blowers from retaliation. It is located at http://codes.ohio.gov/orc/3721.13. I believe that you will find a remedy there.

posted Aug 29, 2008 4:01 PM [EST]

Answer to age discrimination

Compare the value or your potential claim to the severance offer

I suggest that you meet with an employment attorney to evaluate the value of your claim, as you may have one.

Courts have held that, if you were over 40, satisfactorily performing your job, replaced by someone substantially younger and your employer's stated justification for terminating you is baloney, you have sufficient evidence to prove a claim of age discrimination.

The value of that claim, once proven, depends on what you earned when terminated and what you will earn in a new job. You must also factor in the costs of pursuing your claim and the probability that you will not prevail. Once you come up with an estimate of the value of your claim, you have a pretty good idea whether the severance offer of $4K is adequate. If not, you can negotiate for a higher package or consider pursuing your claim in court.

We offer an initial consultation for this purpose. Our consultation fee is $200. If you would like to get together, call Jenny at 330.665.5445, ext. 0 and she can get you on my calendar.

Best regards,

Neil.

posted Aug 18, 2008 08:41 AM [EST]

Answer to They made me test, still did'nt put me in classification.

The statute of limitations may be a problem

Because your layoff was nearly 11 years ago, the statute of limitations to the claims that would have been available to you may have run. If so, you will probably not be able to pursue them. You should schedule a meeting with a competent attorney to find out what claims you could have brought to vindicate this injustice and the limitations periods applicable to each.

You should do that as soon as possible.

posted Aug 15, 2008 11:54 AM [EST]

Answer to Unemployment and Forced Resignation

This is an open invitation to negotiate

The fact that your employer is giving you choices, one of which is to remain employed, albeit under a probationary agreement, indicates that it is nervous or otherwise reluctant to simply terminate your employment. Consequently, you should consider negotiating for a better severance deal and a fairer probationary agreement, after which you can decide which option suits you best.

I highly recommend that you consult with an attorney for this process. An attorney can recommend strategies for enhancing the offers and can help you evaluate them. The investment can be modest. Our office charges a $200 consultation fee, which is often sufficient to provide you with the tools and targets for negotiation and a framework for evaluating which are best for you. Here is a list of Cincinnati employment lawyers:

http://www.ohioemploymentlawyersassociation.org/members.php?city=Cincinnati&lastname=

Best regards,

Neil.

posted Jul 25, 2008 08:19 AM [EST]

Answer to Stolen Confidential Information

A client list contained only in your head may be a Trade Secret

Under Ohio's Trade Secret's Act, a client list may be a trade secret if it was kept secret by the employer and otherwise meets the Trade Secret definition, found in Ohio Revised Code section 1333.61 (http://codes.ohio.gov/orc/1333.61).

A recent Ohio Supreme Court case held that a trade secret, there also a client list, that was contained only in the head of the former employee, who memorized it, met the definition of a trade secret under the Act. The Court held that the client list did not lose its status as a trade secret merely because it had been memorized. The case is Minor v. Martin (http://www.sconet.state.oh.us/rod/docs/pdf/0/2008/2008-ohio-292.pdf).

Regards,

Neil.

posted Jul 23, 2008 08:30 AM [EST]

Answer to Overtime

You may have a valid overtime claim

Whether or not you were entitled to overtime depends on the nature of your duties. The bank cannot avoid overtime simply by calling you a manager. Based on your question, it appears that your duties were such that you were entitled to overtime.

Disclaimer: whether or not you were "exempt" from the overtime laws is a factual matter and cannot be determined conclusively in this answer.

If you were entitled to overtime, then you would have a claim going back two years. If you can prove that the failure to pay you overtime was "willful," the look back period expands to three years. In addition, you would be entitled to "liquidated damages," which is an amount equal to the unpaid overtime.

If you would like a further evaluation of whether you were exempt and whether the bank's violation was willful, contact me at Neil@fklaborlaw.com with the number of hours that you worked each week for the last three years (estimates are sufficient) and the number of other sales employees in the same circumstances as you.

Best regards,

Neil Klingshirn

posted Jul 13, 2008 07:30 AM [EST]

Answer to Unemployment issues due to recent cash advance industry law.

Employment losses stemming from the PayDay Lending Bill

To answer your questions:

1. I am not an expert, but I believe that the filing of a referendum suspends the effective date of a new law until after the General Election. If the referendum passes, the law does not go into effect. If it fails, the law goes into effect at that time. A blog following the PayDay referendum is at http://www.bluebexley.com/.

2. Any new product will have to comply with the law. I am not an expert on the new law, but I understand that it caps the annual interest rate at about 28% and limits fees. I also understand that the Payday lending practices that the new law is designed to stop result in triple digit annual interest rates. It is difficult to see how a secret new product could generate similar returns for the payday owners. I would be suspicious that it does not exist.

3 A promise to pay severance in exchange for you remaining with the employer through a difficult time are valid and enforceable. However, get it in writing. Further, even if it is in writing, if your employer will simply disappear once it closes up, then you may not be able to collect on what will amount to an empty promise.

4. If you are receiving a weekly severance check from your former employer, the unemployment compensation benefit to which you are entitled will be reduced by the amount of the weekly severance check. The result may be different if you receive severance in a lump sum.

So, now is probably a good time to start looking for new employment. If you find something comparable to your payday loan job, take it. If your employer wants you to stay with it until the new law is defeated or goes into effect, make sure you will, in fact, receive the promised benefit.

If you stay with your current employer and do nothing, you may well lose your job in September or November. At that time, you should be eligible to receive unemployment compensation benefits. Whether or not you receive a promise for severance pay and/or can collect it is, in both cases, up to the specific employer.

I regret that so many people will lose their jobs as a result of this law, particularly during these hard times. I hope that this helps you navigate your way to a better end.

Best regards,

Neil Klingshirn.

posted Jun 20, 2008 12:25 PM [EST]