Answers Posted By Neil Klingshirn

Answer to Wages Held

An employer cannot deduct amounts from wages unless you authorize it in writing

Ohio's semi-monthly payment of wage law requires employers to timely pay wages earned and prohibits deductions from that pay unless, among other things not applicable here, you authorize the deduction. It sounds like you did not do that. Ask your former employer to show you where you authorized the deductions. If they cannot, consider filing a small claims action (up to $3,000)to recover your pay.

You can find 4113.15 here:

R.C. 4113.15 can be found at:
http://onlinedocs.andersonpublishing.com/revisedcode/home3.cfm?GRDescription1=revised%20code&GRDescription2=title%2041&GRDescription3=&TextField=%3CJD%3A%224113%22%3ECHAPTER%204113%3A%20MISCELLANEOUS%20LABOR%20PROVISIONS&GRStructure1=4113&GRStructure2=

Regards,

Neil Klingshirn

posted Jan 6, 2005 11:19 AM [EST]

Answer to non-exempt pay

Overtime is based on the work week, not the day.

You are right; overtime is paid on hours worked over 40 in a week. It is not calculated on the hours worked in a day. Thus, a non-exempt employee can work 25 hours in one day and no hours the rest of the week and not be eligible for any overtime.

Regards,

Neil.

posted Dec 29, 2004 10:05 AM [EST]

Answer to discrimination

The statute of limitations for verbal contracts and sex discrimination is six years

A claim that an employer made but failed to keep a promise (of a promotion) is a contract claim. I believe that the statute of limitations for a verbal contract is six years.

A claim that an employer promoted a man instead of an equal or better qualified female, because she is female, is sex discrimination claim. Ohio law and federal law prohibit sex discrimination in employment. The statute of limitations for the Ohio discrimination claim is six years (but only six months for age discrimination). The statute of limitations for federal employment discrimination is 300 days.

Best regards,

Neil Klingshirn

posted Dec 17, 2004 09:35 AM [EST]

Answer to Salaried time requirements

Maximum number of Hours

Ann is correct. Neither Ohio nor federal law limit the number of hours that an employer can require employees to work. Thus, if an employer requires employees to work 24 hours a day, 7 days a week, it can terminate those employees who refuse to do so.

An exception, in Ohio, is if the employee is a minor. Ohio limits the number of hours that minors may work.

So, you may ask yourself, how can forcing someone to work without rest be lawful? The answer is that virtually no employer practice is unlawful until the government pass a law, or courts decide a case, making it unlawful. In the case of maximum number of hours, the government has not passed a law limiting the maximum, since it appears not to be much of a problem. That is, as a practical matter, once an employer sets ridiculous time requirements, employees quit, and the employer backs off.

Best regards,

Neil.

posted Dec 15, 2004 10:23 AM [EST]

Answer to Do non-compete clauses still apply if worker's state voids such clauses?

California law probably applies to your non-compete

I suggest that you consult a California attorney for advise on proceeding with the start up. The contract appears to have a choice of law provision for contracts made and performed entirely in Ohio. A California court can decide whether your non-compete was made and performed entirely in Ohio.

Second, I suspect that California law will invalidate a contract between private parties that tries to evade the California prohibition against most non-competes. Therefore, a California attorney can advise you if that is, in fact, the case and whether a California court would invalidate such an agreement.

If you have not done so already, I suggest that you send this same posting to California MEL attornies.

Best regards,

Neil Klingshirn.

posted Nov 5, 2004 12:56 PM [EST]

Answer to Pay while voting

An employer does not have to pay employees during voting time, but must allow employees time to vote

An employer must give employees a "reasonable" amount of time away from work to vote and cannot terminate an employee for voting, so long as the amount of time to do so was reasonable. In light of the reports of record turnout and long lines in the 2004 presidential election, a reasonable amount of time is probably 1 to 1 1/2 hours.


An employer does not, however, have to pay employees for the time taken to vote.

posted Nov 2, 2004 11:07 AM [EST]

Answer to wanting to stay within my non-compete

Do not compete against your employer while you are still employed.

Your strategy of moving outside of the 50 mile radius will avoid a claim for a breach of the non-compete. However, your employer also has the right to prevent, or recover damages for, your competition with him during your employment. This claim, which is sometimes called the "faithless servant doctrine," basically says that you have a duty of loyalty to your employer not to take its opportunities away. If you can do the competing work at the same time that you work for your employer, your employer can claim you should be doing for it.

Therefore, do not begin the competing activity until after you leave your current employment, unless you do so with your current employer's knowledge and permission. At that point, stay outside of the 50 miles and you should be free to go into business.

Good luck and stay out of trouble.

Neil Klingshirn

posted Oct 20, 2004 5:36 PM [EST]

Answer to Immigration lawyer in Northeast Ohio

Meet your attorney in person before trusting them with your case

These are danger signs. You should meet your attorney before hiring him or her.

Use a reputable directory to start your search. I suggest http://www.lawyers.com/find_a_lawyer/search/results.php?newsearch=Y&searchtype=A&termtype=2&personalaop=0&personalterm=immigration&state=16&country=1&language=English&CMP=KA20068&site=466 />
Cleveland has a number of qualified attorneys, so you should be able to find someone to help you.

Best regards,

Neil Klingshirn

posted Sep 27, 2004 09:10 AM [EST]

Answer to Retailation for trying to prevent discrimination against others

Opposing discrimination against others is protected conduct

Ohio and federal law protect employees against retaliation for opposing discrimination against others. You therefore appear to have engaged in protected activity.

Before you file suit, however, you must suffer "tangible, adverse action." Some courts have held that an adverse action has to result in a loss of pay in order to be "tangible" and that a reassignment in duties does not rise to that level. Your case may be different, given the importance of committees and assignments in the academic area, but be aware of that issue.

Best regards,

Neil Klingshirn.

posted Aug 26, 2004 10:53 AM [EST]

Answer to Freind and Sexual Harrasment

You made yourself vulnerable to a suit

The better question is whether your former manager can win a sexual harassment suit. I do not have an answer, other than to say that she must prove that you made unwelcome, sexual advances that either made her work conditions so intolerable that a reasonable person would quit, or that you intended for her to quit because she did not submit to your advances. These cases get much more complicated, but that is generally her burden of proof.

It sounds like you gave her some ammunition on the advance issue. File that under "Don't do Again." She will likely be able to prove that her boss made a sexual advance towards her.

The difficult issue for her is whether the advance made her miserable or you otherwise forced her out. It does not sound like it, but the court houses would be empty if everyone told the same story when they got there.

For now, sit tight and try to think about something else. You cannot control what she does. If she hires competent counsel, you will probably get an advance notice of the intent to file suit and an opportunity to negotiate a resolution beforehand. If so, find competent defense counsel from Cincinnati and explore whether a resolution is possible.

In the meantime, consider doing sexual harassment training for all of your employees. It is a good idea to do this in response to complaints about sexual harassment and, in your case, it is probably information that you wish you would have had before this.

Regards,

Neil Klingshirn

posted Jul 12, 2004 5:51 PM [EST]