1335 Dublin Road, Suite 104D, Columbus, Ohio 43215
FREE INITIAL CONSULTATION 614-488-2053 FREE INITIAL CONSULTATION 614-488-2053

 

    Recent Questions & Answers

    Have Legal Questions?
    Let a lawyer from our firm answer them for you! It's easy and free to ask.
    • Q
      Told "Quit or be fired"
      Wrongful Termination  |  Oct 20th, 2015
      Sharon Adams   If your friend worked for his employer for more than a year and worked full-time, he was entitled to family medical leave.  If he used fmla while he was hospitalized, he was entitled to be returned to his job and his employer was prohibited from retaliating against him.He also may have a clai...
      x
      Told "Quit or be fired"
      More details to this question:A friend of mine recently had medical 'depression' issues that landed him in a mental hospital. When he returned to work, his employer began treating him differently and documenting every small thing he did wrong. Eventually, they drummed up enough 'evidence' to justify letting him go. He was told to quit or be fired. He chose to quit and was paid for 2 weeks. Now he is out of a job and cannot collect unemployment. It may take months to find another job and his bills are piling up. He is frustrated and dealing with the same medical issue that started this whole thing. Does he have any recourse against this employer? Does he have a chance of still collecting unemployment?
      Answer
      Answered by Sharon Adams

      If your friend worked for his employer for more than a year and worked full-time, he was entitled to family medical leave.  If he used fmla while he was hospitalized, he was entitled to be returned to his job and his employer was prohibited from retaliating against him.

      He also may have a claim for disability discrimination.  If the employer was treating him differently because of his mental illness, he could bring a claim, starting with an EEOC charge.

      As for unemployment, if he can prove that he was given an ultimatum to quit or be fired, this is called a forced resignation.  If the employer did not have just cause for his discharge, then he should be able to get unemployment.  Even if it is initially denied, he can appeal.  It is VERY important not to miss the appeal deadlines.  After two administrative appeals, he will get a hearing before a hearing officer.  Given the facts in this case, I would recommend talking to an attorney about representing him at the hearing.

      Finally, did he sign anything waving his right to sue the employer?

    • Q
      Do I provide bank statements for the whole three years of marriage along my N400 form for citizenship?
      Immigration  |  Sep 30th, 2015
      Roxi Liming   Congratulations on your eligibilty for US citizenship! You do not need to send in all the bank statements and tax returns at this time. You should take them with you to your interview. The Immigration Officer will need to see evidence from you that you and your spouse are still married, living toget...
      x
      Do I provide bank statements for the whole three years of marriage along my N400 form for citizenship?
      More details to this question:I am putting together my documents to send along with form N400 to apply for citizenship based on marriage and when I include our bank statements for the past three years the document becomes really thick. I was wondering if I need to send all of this right now or keep it and take it with me to the interview.
      Answer
      Answered by Roxi Liming

      Congratulations on your eligibilty for US citizenship! You do not need to send in all the bank statements and tax returns at this time. You should take them with you to your interview. The Immigration Officer will need to see evidence from you that you and your spouse are still married, living together, and have a joint financial relatinship. That could include things such as a lease, a mortgage, utility bills in both names, a few months of bank statements, joint car insurance, life insurance, cell phone bills, etc.

    • Q
      If my job is outsourced, will the company still give me severance pay?
      Employment Contracts  |  Sep 14th, 2015
      Sharon Adams   Assuming you do not have a union contract, there is no law that requires your company to pay severance pay.  If the company is offering a severance package to employees who are laid-off, this is a decision the company has made.  Usually, such packages are only offered if the employee signs...
      x
      If my job is outsourced, will the company still give me severance pay?
      More details to this question:Going through the process of outsourcing jobs. So far, the people who have been laid off have gotten severance pay. Some folks say we will get severance pay, some say, "No, if the job is outsourced."
      Answer
      Answered by Sharon Adams

      Assuming you do not have a union contract, there is no law that requires your company to pay severance pay.  If the company is offering a severance package to employees who are laid-off, this is a decision the company has made.  Usually, such packages are only offered if the employee signs a release and promises not to sue the company.

    • Q
      My husband won his civil claims case against him,the person is now seeking the same claim in a different town is this legal?
      Consumer Law  |  Sep 14th, 2015
      Sharon Adams   It sounds like someone made a claim against your husband, sued him, and lost in court.  If so, there would have been a judgement entry dismissing the claims.  If the same person is suing your husband for the same claims in a different jurisdiction - they cannot do that because that matter ...
      x
      my husband won his civil claims case against him,the person is now seeking the same claim in a different town is this legal?
      Answer
      Answered by Sharon Adams

      It sounds like someone made a claim against your husband, sued him, and lost in court.  If so, there would have been a judgement entry dismissing the claims.  If the same person is suing your husband for the same claims in a different jurisdiction - they cannot do that because that matter has already been decided by a competent court.  Your husband should present the dismissal entry to the new court and ask that the case be dismissed on the grounds of "res judicata."

    • Q
      I haven't been paid overtime
      Labor and Employment  |  Sep 1st, 2015
      Sharon Adams   Your statement about not being paid overtime raises a few follow-up questions.  In order to determine whether you are entitled to overtime pay, I need to know:Where do you work?  If you don't want to give the name, I need to know the nature of the business and the size.  What do y...
      x
      I haven't been paid overtime
      More details to this question:Only paid straight time over 40 hours no taxes were out of the overtime
      Answer
      Answered by Sharon Adams

      Your statement about not being paid overtime raises a few follow-up questions.  In order to determine whether you are entitled to overtime pay, I need to know:

      Where do you work?  If you don't want to give the name, I need to know the nature of the business and the size.  

      What do you do for your employer?  Are you in a management position?  Some employees are exempt from overtime laws and rules.  This means that they don't receive overtime because of the job that they do.  It's not your title that matters, but the duties you perform.  If you are not in a mangement role, there are other exemptions that may apply, so the answer to this question is vital to evaluating your eligibility to overtime compensation.

      If you're concerned about sharing too much information, you can go to www.dol.gov to read more about overtime requirements.  The Department of Labor (DOL) enforces the Fair Labor Standards Act.

    • Q
      Is there an attorney who will take a workplace harrassment case without money paid up front
      Labor and Employment  |  Aug 31st, 2015
      Sharon Adams   Yes.  In some cases, attorneys work on a contingent fee.  This means that the attorney receives a percentage of any settlement or judgement they obtain for their client.  I take some harassment cases on contingent fee, but the facts have to be right.  Not all harassment cases a...
      x
      is there an attorney who will take a workplace harrassment case without money paid up front
      More details to this question:I was harassed at work then fired
      Answer
      Answered by Sharon Adams

      Yes.  In some cases, attorneys work on a contingent fee.  This means that the attorney receives a percentage of any settlement or judgement they obtain for their client.  

      I take some harassment cases on contingent fee, but the facts have to be right.  Not all harassment cases are the same.  If your boss is harassing you because of your race or is engaged in sexual harassment, then you may have a legally actionable claim.  However, if your boss is harassing you because of a personality conflict - you may not have a claim.

      If I offer to take a case on a contingent fee, its because I think I can obtain a good result.  Even when I do take a contingent fee case, the client is still responsible for the costs associated with the case.  Those costs include, deposition costs, and expert witness fees.

    • Q
      Allergy to shoe dye
      Discrimination  |  Aug 31st, 2015
      Sharon Adams   You did not say how your allergy effects you.  Does it cause a rash?  Swelling?  In other words, what happens if you wear the wrong shoes?  How long have you had this condition?It sounds like you would be protected by the ADA.  In other words, you are an individual with a ...
      x
      Allergy to shoe dye
      More details to this question:I work in a retail store, hourly. I am allergic to shoe dye. I have to wear white shoes or rubber shoes. I can buy American made shoes. The FDA dosent allow manufactures here to use that dye. Very few brands are made in America anymore. My shoes for work cost me $200 dollars. I also have plantor fascitis and wear orthodics. I need to switch up my shoes once or twice a week. I have another pair of tennis shoes by new balance that I alternate with. HR keeps getting on me about it. I told them I can't afford another pair right now. Can they fire me? Is this covered under the ADA?
      Answer
      Answered by Sharon Adams

      You did not say how your allergy effects you.  Does it cause a rash?  Swelling?  In other words, what happens if you wear the wrong shoes?  How long have you had this condition?

      It sounds like you would be protected by the ADA.  In other words, you are an individual with a disability because you have a physical condition (allergy, plantar fascitis) that substantially limits a major life activity (walking and other activities.)

      Because you are "covered" by the ADA, your employer is required to provide a reasonable accommodation that allows you to perform the essential functions of your position.  You need to have your doctor prepare a note or letter to your employer that describes your restrictions and how the employer can accommodate you. For example, he/she might say that in order for you to work on your feet for a normal shift, you need to wear orthotics.  

      Then, you should prepare a written request for accommodation.  For example, ask your employer to waive the rule that requires you to wear a certain color of shoes.  Attach the doctor's note, make a copy of the whole thing, and turn it in to HR.  They are required to respond to your request.  If they don't like your specific request, they are free to propose another solution.

      Hope this helps.

    • Q
      Can i get fired for asking another supervisor a question
      Wrongful Termination  |  Jul 29th, 2015
      Sharon Adams   Ohio is an employment at-will state.  Therefore, unless you have a contract, your employer may terminate you for any reason, or no reason at all.  However, if your employer violates other laws in the process of terminating you, you may have legal recourse.  For example, if they term...
      x
      Can i get fired for asking another supervisor a question
      More details to this question:I asked my supervisor do i talk to her about changing my hours or her boss she said her so she no she needed me from 7am til 2pm i said ok and when back to work later she comes and said s to me i talked to my supervisor and she said no and that i have to let you go
      Answer
      Answered by Sharon Adams

      Ohio is an employment at-will state.  Therefore, unless you have a contract, your employer may terminate you for any reason, or no reason at all.  

      However, if your employer violates other laws in the process of terminating you, you may have legal recourse.  For example, if they terminate you because of your national origin, race or disability, then that is discrimination.  You can file an EEOC charge and/or pursue other legal action against them.

    • Q
      Employement privacy
      Employment Contracts  |  Jul 27th, 2015
      Sharon Adams   You indicated that your former employer is telling "everyone" about why you quit your job and wonder whether they can get in trouble for that.  Usually, when an employee chooses to resign, rather than be terminated, they are doing so in order to avoid the embarrassment of termination and more...
      x
      employement privacy
      More details to this question:i was asked to resign from kroger for taking coupons on the clock then using them later for personal use, and since we are in a union i opted out of union assistance but i was assured since i was voluntarily quitting (asked to resign) that no one would know about it yet evreyone i talk to knows... can kroger get in trouble for disclosing what happened?
      Answer
      Answered by Sharon Adams

      You indicated that your former employer is telling "everyone" about why you quit your job and wonder whether they can get in trouble for that.  

      Usually, when an employee chooses to resign, rather than be terminated, they are doing so in order to avoid the embarrassment of termination and more importantly, the negative employment references. Unfortunately, unless you get that in writing, there is no guarantee of privacy or of a positive reference. Defamation (slander) occurs when someone communicates false information about you that damages your reputation.  Truth is an absolute defense.  So, as long as your former employer is telling the truth, there is probably not much you can do.  

    • Q
      Can i be forced to drive fatigued
      Labor and Employment  |  Jul 13th, 2015
      Sharon Adams   You state in your question that you were forced to drive while fatigued and you ask whether your employer can force you to do that, but you don't say how you got into this situation?  Were you suffering from a medical condition that led to fatigue?  Did you tell your employer about your ...
      x
      can i be forced to drive fatigued
      More details to this question:I work for a school bus company and i was forced to drive while i was fatigued by my employers which included the safety coordinator or i would be disciplined
      Answer
      Answered by Sharon Adams

      You state in your question that you were forced to drive while fatigued and you ask whether your employer can force you to do that, but you don't say how you got into this situation?  

      Were you suffering from a medical condition that led to fatigue?  Did you tell your employer about your medical condition?  Were you coming off of a double shift?  Did you stay up all night partying and come into work after not getting enough sleep?

      The simple answer to your question is that the employer cannot "force" you to behave unsafely.  They can threaten you, they can even fire you if you refuse, but they cannot force you.  If you are being placed in the position of choosing to disobey a direct order that you feel is unsafe, there are some things you should do:

      First, if at all possible, complain about the unsafe working conditions both verbally (in front of witnesses) and "in writing."  Deliver the complaint to your direct supervisor and HR.  Be specific about why you are complaing.  For example, "I have been asked to operate a school bus when my medical condition renders me fatigued.  I feel that driving under these conditions could pose  a risk to my safety, the safety of my passengers, and the safety of the public."  

      If they persist in asking you to perform unsafe duties, you can file an annonymous complaint with the Occupational Safety and Health Administration.  If you refuse to do the unsafe act and you are disciplined, then by taking the steps above, you will at least have some legal recourse.

    • Q
      I need to know about labor laws. my husband is being what I day abused by his employer but cant afford to quit until he finds another job.
      Labor and Employment  |  Jul 6th, 2015
      Sharon Adams   It's difficult to answer your question without more specific detail, but I'll give you an overview:  If the employer is harassing and/or discriminating against your husband because of his age, race, sex, national origin, disability, or religion, then the employer is violating the law.  If ...
      x
      I need to know about labor laws. my husband is being what I day abused by his employer but cant afford to quit until he finds another job.
      More details to this question:I posted on here before and noone responded.
      Answer
      Answered by Sharon Adams

      It's difficult to answer your question without more specific detail, but I'll give you an overview:  If the employer is harassing and/or discriminating against your husband because of his age, race, sex, national origin, disability, or religion, then the employer is violating the law.  If your husband is being abused/harassed because he is a whistleblower, or complained about terms and conditions of employment, or took a medical leave, he may have legal protection.  

      However, if this is a personality conflict between your husband and his supervisor, there is not much you can do.   There is no law against an employer behaving like a jerk.

      If your husband believes he is legally protected, he should document the incidents of harassment and contact an attorney. 

    • Q
      Do I have any rights for being laid off due to lack of work and no one else was affected?
      Labor and Employment  |  Jun 25th, 2015
      Sharon Adams   Wow.  There is a lot going on here.  I believe you have a claim for disability discrimination under the Americans with Disabilities Act (if the employer has 15 or more employees) and under Ohio law.  There may also be some ERISA issues to explore given the comments about the health in...
      x
      Do I have any rights for being laid off due to lack of work and no one else was affected?
      More details to this question:I have end stage renal disease and was laid off due to lack of work. 2 weeks previously they hired 2 sales associates but they didn't get laid off. No one else has been affected. I was told the board need cuts due to dropping in sales. I have worked for them 3 years and I have not had an issues or bad reviews which I only had 1 review in 3 years. At the last group meeting, the HR manager indicated that our health insurance provider questioned that the company had 5 major claims amounting to $1.4 million, I was one, 2 cancer and they died; 1 heart attack and 1 more.
      Answer
      Answered by Sharon Adams

      Wow.  There is a lot going on here.  I believe you have a claim for disability discrimination under the Americans with Disabilities Act (if the employer has 15 or more employees) and under Ohio law.  There may also be some ERISA issues to explore given the comments about the health insurance.  You should definitely speak with an attorney and/or file a claim with the Equal Employment Opportunity Commission.  Their website is located at www.eeoc.gov. 

    • Q
      How to get my last owed paycheck
      Employment Contracts  |  Jun 24th, 2015
      Sharon Adams   In Ohio, employers have 15 days to pay you for your work.  I usually advise people to go to small claims court because this is honestly the fastest way to recover your wages.
      x
      How to get my last owed paycheck
      More details to this question:I worked at Depere Concepts in Independence. . And they owe me on empress paycheck for my last week of work. They are denying they owe me anything when I have all my pay stubs. How do I get my last check? what do I have to do
      Answer
      Answered by Sharon Adams

      In Ohio, employers have 15 days to pay you for your work.  I usually advise people to go to small claims court because this is honestly the fastest way to recover your wages.

    • Q
      Fired without a Reason
      Labor and Employment  |  Jun 24th, 2015
      Sharon Adams   Hi Monique!  Unfortunately, Ohio is an "At Will" employment State.  "At will" means that your employer can terminate you for any reason, or no reason at all.  However, if you were terminated because of your membership in a protected class, you may have a claim.  For example, if...
      x
      Fired without a Reason
      More details to this question:Hi my name Is Monique, I was fired Friday June 19,2015. I work for a staffing agency. I was working real hard never given a warning. I wasn't properly train yet I was always on time never late. My call log,notes will prove everything I am stating. I feel very confuse. I ain't a person who seek revenge. Wha happen wasn't right. My branch Manager didn't agree her exact words were this isn't okay at all. I let go so sales Rep could hired on someone she knew. What can I do. Just let it go. Emotional distress has really left me so hurt.
      Answer
      Answered by Sharon Adams

      Hi Monique!  Unfortunately, Ohio is an "At Will" employment State.  "At will" means that your employer can terminate you for any reason, or no reason at all.  

      However, if you were terminated because of your membership in a protected class, you may have a claim.  For example, if you were terminated due to your race, sex, national origin, disability, or religion, your employer violated the law.  You could pursue discrimination claims against them by filing a civil rights charge and/or going to court.  When you speak to an attorney, you need to identify why you think you may be protected.

      It is also possible that there were other reasons for your discharge.  For example, if you called OSHA or filed a Workers Compensation claim and your employer was angry with you for doing that, you may have a claim.

      But, if you were fired because a manager wanted to hire their friend to take your spot, that is not legally actionable.

    • Q
      I am forced to work 90 hours every 2 weeks yet my paycheck only shows 80 hours
      Labor and Employment  |  Jun 24th, 2015
      Sharon Adams   By calling you "salaried" the employer is attempting to categorize you as exempt from overtime.  In order to determine whether you are truly exempt, an attorney would need to examine the duties and responsibilities of your position.  For example, do you supervise employees?  Do you hi...
      x
      I am forced to work 90 hours every 2 weeks yet my paycheck only shows 80 hours
      More details to this question:I am a salaried store manager. On my paystub it shows that I am being paid for 80 hours of work over the 2 week period yet the company policy is that I have to work 45 hours per week and I am in no way compensated for the additional 10 hours of the 2 week period. So I am just wondering if this is legal
      Answer
      Answered by Sharon Adams

      By calling you "salaried" the employer is attempting to categorize you as exempt from overtime.  In order to determine whether you are truly exempt, an attorney would need to examine the duties and responsibilities of your position.  For example, do you supervise employees?  Do you hire, fire, discipline, or direct the duties of subordinates?  If you take 1/2 day off, are you paid for the whole day?  These are some of the questions that need to be examined.

    • Q
      What can I do about issues with unemployment?
      Labor and Employment  |  Jun 24th, 2015
      Sharon Adams   In Ohio, you qualify for unemployment benefits when you are terminated through no fault of your own AND you are ready, willing, and able to work.  If you received, then lost unemployment benefits, it probably means that your former employer appealed the original decision.  You have an oppo...
      x
      What can I do about issues with unemployment?
      More details to this question:I filed for unemployment two months ago and now they are denying it (after having paid me for a month). Now I owe them $2,000 and have little income.
      Answer
      Answered by Sharon Adams

      In Ohio, you qualify for unemployment benefits when you are terminated through no fault of your own AND you are ready, willing, and able to work.  If you received, then lost unemployment benefits, it probably means that your former employer appealed the original decision.  You have an opportunity to appeal, the second decision, but you have to be very aware of the deadline.  You should refer to the last page of the decision.  It will explain your appeal rights.  

      If you've already missed the deadline, it is hard to recover.  In many cases, if you owe the State money due to an unemployment "overpayment," the Attorney General's office will work out a payment plan with you and/or deduct it from any future benefits.

    • Q
      How long does an employer have to pay when you have been shorted hours on your paycheck?
      Labor and Employment  |  Jun 24th, 2015
      Sharon Adams   Ohio law requires that your employer within 15 days of doing the work.
      x
      how long does an employer have to pay when you have been shorted hours on your paycheck?
      Answer
      Answered by Sharon Adams

      Ohio law requires that your employer within 15 days of doing the work.

    • Q
      In Ohio, can a past employer give details to a perspective employer to why a former employee was let go?
      Labor and Employment  |  May 19th, 2015
      Sharon Adams   Your former employer is allowed to tell the truth about why you are no longer employed.  Contrary to popular belief, there is no law that prohibits former employers from telling prospective employers why you were terminated.  Although this is true, many employers adhere to a policy of pr...
      x
      In Ohio, can a past employer give details to a perspective employer to why a former employee was let go?
      More details to this question:Legally, in Ohio, what can a perspective employer ask in terms of interviewing the perspective employee and what can they ask they former employer? Can you ask why a person was fired? Can you ask the former employer why someone was fired or let go? Can you ask the same question to a perspective employee? Do you have a list of legally acceptable interview questions or questions for work references? Thanks
      Answer
      Answered by Sharon Adams

      Your former employer is allowed to tell the truth about why you are no longer employed.  Contrary to popular belief, there is no law that prohibits former employers from telling prospective employers why you were terminated.  

      Although this is true, many employers adhere to a policy of providing only "neutral" references.  They provide only the dates of employment and position held because they fear being sued for defamation. However, truth is a defense to defamation.

      With regard to the questions that a prospective employer may ask a candidate for employment, there are quite a few areas to avoid: age, marital status, religion, military service and others.  But yes, employers may ask you why you were terminated from your previous employment.

      I advise my clients to be as straight-forward as possible when explaining why they left their previous employment.  Don't blame or criticize your former employer.  Deal with the facts and move on to something more positive.  For example, if you were terminated due to tardiness, you could say, "I went through a rough patch and was late for work on several occaisions.  I let my employer down and I feel bad about it.  Now I have good, reliable transportation, I've trained myself to get up earlier in the morning, and I'm determined to never let that happen again."

      Good Luck!

    • Q
      Is there any law in ohio requring a company to grant family medical leave if it is not a compnay policy?
      Employment Contracts  |  May 19th, 2015
      Sharon Adams   The Family Medical Leave Act is a federal law that applies to employers in Ohio and throughout the United States.  The FMLA requires employers (with 50 or more employees) to grant employees 12 weeks of unpaid leave.  Employees are eligible for leave if they have been employed by the employ...
      x
      Is there any law in ohio requring a company to grant family medical leave if it is not a compnay policy?
      Answer
      Answered by Sharon Adams

      The Family Medical Leave Act is a federal law that applies to employers in Ohio and throughout the United States.  The FMLA requires employers (with 50 or more employees) to grant employees 12 weeks of unpaid leave.  Employees are eligible for leave if they have been employed by the employer for 12 months and worked 1250 hours.  Leave may be taken for the birth of a child and to care for the newborn child; the placement of a child for adoption or foster care and to care for the newly placed child within one year of placement;to care for a family member with a serious health condition; the employee's own serious health condition makes the employee unable to perform the functions of his or her job; or certain reasons related to the military service of the employee’s family member. 

      Whether or not the company has implemented a policy, they are required to follow the law.

    • Q
      Can an employee be terminated without termination papers and not told the conclusion of the investigation
      Wrongful Termination  |  May 11th, 2015
      Sharon Adams   One of the most unpopular answers I give to potential clients is: "there is no law against bad management."  Ohio is an "at-will" employment state.  This means that an employer can terminate an employee with or without cause, and with or without notice.  Sometimes people are fired bec...
      x
      Can an employee be terminated without termination papers and not told the conclusion of the investigation
      More details to this question:Nursing Supervisor spoke with Nurse Manager about the inappropriate manner she was communicating with Nursing Supervisor, Nurse Manager became loud stating she did not care and stop speaking to her, she went into office, closed door, and called ADON, both Supervisor and Manager worked one week and on Friday DON asked Supervisor to stay home pending investigation, stated that Manager sent home also. DON state will call bak on Monday Nurse Manager back to work, Supervisor terminated 2 days later
      Answer
      Answered by Sharon Adams

      One of the most unpopular answers I give to potential clients is: "there is no law against bad management."  Ohio is an "at-will" employment state.  This means that an employer can terminate an employee with or without cause, and with or without notice.  Sometimes people are fired because someone in management made a bad decision and that's all there is to it.  Unfortunately, this fact, in and of itself, does not give rise to a legal claim.

      You haven't given me any facts about the people involved in this disagreement or why they were arguing.  It sounds like the DON decided to take the Manager's side, but I don't know why.  Did the DON favor the Manager because of race, national origin, religion, sex, age?  For example, if the Supervisor is African American and the Manager is White - is there a race issue?

      With more detail about the players, my answer could change.

    • Q
      What do i have to do to get visitation set up to see my kids.
      Family Law  |  May 11th, 2015
      Sharon Adams   It sounds like you don't have a custody order/parenting schedule in place.  If not, you need to get one.  When you divorced your wife there had to be some language dealing with support of the children.  You need to request a modification of the prior order and seek a set parenting tim...
      x
      What do i have to do to get visitation set up to see my kids.
      More details to this question:My child's mother is refusing to let me see or visit with our kids since she found out I was getting married. It was a problem before then but we sometimes worked thru it. I'm just tired of having to argue with her to see our kids and them visiting me and want to get a visitation in place so that she is held accountable for her actions.
      Answer
      Answered by Sharon Adams

      It sounds like you don't have a custody order/parenting schedule in place.  If not, you need to get one.  When you divorced your wife there had to be some language dealing with support of the children.  You need to request a modification of the prior order and seek a set parenting time schedule.  Most every county in Ohio will have a local rule dealing with parenting times.  In Franklin County, its Rule 27.  This rule sets out the minimum standard for parenting time.  By getting such orders in place, you should be able to avoid some of the arguments, but if not, you can hold her accountable.

    • Q
      Position Eliminated
      Labor and Employment  |  May 6th, 2015
      Sharon Adams   Hello.If your contract had a definite term of five (5) years, you may have a breach of contract claim against the company.  It depends on whether your termination (as described in your question) was contemplated by the agreement.  In other words, does the contract allow termination under...
      x
      Position Eliminated
      More details to this question:I was notified that my current position has been eliminated. I have been employed with the current company for 1.5 years of a fixed term 5 year contract. The contract is with an international company. I was offered a separation package equal to one month's salary. Should I accept this separation package?
      Answer
      Answered by Sharon Adams

      Hello.

      If your contract had a definite term of five (5) years, you may have a breach of contract claim against the company.  It depends on whether your termination (as described in your question) was contemplated by the agreement.  In other words, does the contract allow termination under these circumstances, without penalty to the company?  I would need to read the agreement.  One month's salary doesn't seem like much and if you have a claim against the company, you could possibly negotiate a more generous package.  Does the contract contemplate a severance package for early termination of the agreement?  

    • Q
      Am I eligable for unemployment?
      Labor and Employment  |  Apr 24th, 2015
      Sharon Adams   First, regarding your eligibility for FMLA:  if you have been with the company for 12 months (including temp time) and you have worked 1250 hours, you are eligible for 12 weeks of FMLA.  If you've already used some FMLA time, you need to be careful about counting your weeks of eligibility....
      x
      Am I eligable for unemployment?
      More details to this question:I am out on short term disability for a pregnancy and requested the additional 4 weeks unpaid time off directly after std was over. My company denied me stating that I wasn't eligible for the time because I haven't been with the company a year. I was just on fmla last month before the baby was born .They are not counting my temp time with the company. I was under the impression I wouldn't be returning for another month and I do not have childcare in place until that time. They stated that if I don't return after my std that I will be fired for attendance/no show. According to the DOL I am eligible for this time. If i am unable to go back on the date they are requesting would I be eligible for unemployment since I am being wrongfully denied fmla? If they would grant the time that I'm entitled to then this wouldn't be an issue for me.
      Answer
      Answered by Sharon Adams

      First, regarding your eligibility for FMLA:  if you have been with the company for 12 months (including temp time) and you have worked 1250 hours, you are eligible for 12 weeks of FMLA.  If you've already used some FMLA time, you need to be careful about counting your weeks of eligibility.  

      Regarding unemployment, if the company denies your request for additional leave and you are terminated, you will be eligible for unemployment once you are released to return to work by your doctor. In Ohio, if you are "ready, willing, and able to work" and you are terminated "through no fault of your own" then you are eligible for unemployment.  The Ohio Department of Job and Family Services administers unemployment.  They will want to see your doctor's release.

      Finally, you should explore a pregnancy discrimination claim against your employer.  From the facts in your question, I can't tell if it applies here, but it's worth considering.

    • Q
      What can a former employee report in regards to a former employees termination?
      Labor and Employment  |  Apr 24th, 2015
      Sharon Adams   How did you learn of the former employer's response?  Is the person who gave you this information willing to give you a statement? The former employer is permitted to give truthful information.  If they lied about why you were terminated, you could pursue defamation charges against ...
      x
      What can a former employee report in regards to a former employees termination?
      More details to this question:I was terminated as a culmination of a downsizing and total chaotic work issues. However, I was never provided written information regarding my work, nor was I provided an opportunity to see or respond to any issues. Lastly, the employer did not fight unemployment. Recently when applying for Federal contractor clearance, this former employer indicated I had been fired for inappropriate behavior and dishonesty. I was never provided any documentation regarding this matter. I know that my salary was only budgeted till closing, my supervisor and over 200 people were downsized during the time of August 2013 and June 2014. But why respond to an inquiry like this? This response on their part could prohibit me from being gainfully employed by my present employer. I am not a suit happy person, but I really don't like being called dishonest. And I have no way to challenge their answer. And while I was terminated, the company was and has sense closed the division I directed.
      Answer
      Answered by Sharon Adams

      How did you learn of the former employer's response?  Is the person who gave you this information willing to give you a statement? 

      The former employer is permitted to give truthful information.  If they lied about why you were terminated, you could pursue defamation charges against them.  Usually, the best course of action is a cease and desist letter.

    • Q
      Is a non-compete agreement enforceable if I was terminated.
      Employment Contracts  |  Mar 13th, 2015
      Sharon Adams   A Non-Compete Agreement is a contract usually between an employer and an employee.  These contracts are enforceable if they meet certain criteria of reasonableness, even if you were terminated.  Courts judge reasonableness by examining the length of time that the employee is restrained, th...
      x
      Is a non-compete agreement enforceable if I was terminated.
      More details to this question:Although I added $500K in new revenue from an existing account the company did not recognize it as "new business" and terminated me for not meeting the goal of signing 300K in new business. I have worked in this industry for 25 years and am interested in working another company in this industry.
      Answer
      Answered by Sharon Adams

      A Non-Compete Agreement is a contract usually between an employer and an employee.  These contracts are enforceable if they meet certain criteria of reasonableness, even if you were terminated.  Courts judge reasonableness by examining the length of time that the employee is restrained, the geographic scope of the agreement and whether the agreement was supported by consideration.  Even if some of the provisions are not enforceable, others may be.  Each agreement must be judged on its own merits and the facts and circumstances leading to the agreement.

      Generally, Courts don't like agreements that unfairly restrain an employee from earning a living.  When you have been in a particular industry for 25 years you have a strong argument for a shorter duration. 

    • Q
      Do I have a leg to stand o? I am being singled out for doing things wrong in a SURGERY OFFICE, such as scheduling, or not having info when I can prove
      Labor and Employment  |  Apr 16th, 2014
      Sharon Adams   People often think that "harassment" in and of itself is against the law.  Unfortunately, I often have to tell potential clients that there is no law against your boss being a jerk.  However, if the harassment is based upon your age, race, gender, disability, religion or other protected st...
      x
      Do I have a leg to stand o? I am being singled out for doing things wrong in a SURGERY OFFICE, such as scheduling, or not having info when I can prove
      More details to this question:that I have done them right. the doctor didn't do her part and it was not ready for the surgery and in order to place blame she has blamed me by saying other things were not on the surgery chart that were, in addition another girl actually scheduled the surgery not me. The other girl made the mistake of scheduling a pt 1 day early. I am told by other gals in O.R. that the dr was angry that I didn't tell her that her part of the surgery pack was not done and I guess from hearing what others have said in O.R. the doctor thru a complete fit. But when she called to talk to my office manager she came up with other issues. She is trying to hang me for stuff I didn't do. They are bringing in a HR person from corporate but that is 2 weeks out. I feel I am being harrassed and am on edge. I am not sleeping, I am looseing my hair, huge amounts, it has went on and on. this is not a first. I have been in this position for 14 years. I am 56 years old.
      Answer
      Answered by Sharon Adams

      People often think that "harassment" in and of itself is against the law.  Unfortunately, I often have to tell potential clients that there is no law against your boss being a jerk.  However, if the harassment is based upon your age, race, gender, disability, religion or other protected status, then it is against the law.

      One of the stories I often hear repeated is when a new Manager is hired and they want to bring in their own staff.  Often, this means replacing long-term employees with younger, inexperienced people.  If this is what's happening in your workplace, you may have an age case against the manager.  You indicated that she has forced out other employees - what do you have in common with those people?

      If you want to pursue an age discrimination/harassment case against this manager, you should put your complaint in writing to HR.  Email it to them and keep a copy outside the office.  Put the company on notice of the manager's unlawful harassment.  Make sure you keep copies of your performance reviews and other documents outside your office so you'll have them if you need them. 

      Given the effect this harassment is having on your health, you may be eligible for FMLA.  If your doctor thinks you need some time off, ask HR about how to apply for leave.

      If you have other questions, please don't hesistate to contact me.

    • Q
      I was terminated from a small auto repair shop and was replaced by a younger white guy. I'm 55yrs old black man. I feel I was discriminated against.
      Discrimination  |  Jan 13th, 2014
      Sharon Adams   Ohio law forbids discrimination because of race and age.  If you choose to pursue one or both of these claims, you can do so by filing a charge with the Ohio Civil Rights Commission or Equal Employment Opportunity Commission or by hiring an attorney. In order to establish a basic claim, ...
      x
      I was terminated from a small auto repair shop and was replaced by a younger white guy. I'm 55yrs old black man. I feel I was discriminated against.
      More details to this question:What r my options
      Answer
      Answered by Sharon Adams

      Ohio law forbids discrimination because of race and age.  If you choose to pursue one or both of these claims, you can do so by filing a charge with the Ohio Civil Rights Commission or Equal Employment Opportunity Commission or by hiring an attorney. 

      In order to establish a basic claim, you have to prove that you are in the protected group (i.e. African American and over 40 years old); that you were qualified for your position (good performance, little or no disciplinary actions); and suffered an adverse employment decision (fired).  Once you meet this basic criteria, then the employer has an opportunity to respond by stating a "legitimate non-discriminatory" reason for your discharge.  It's then up to you to show how this reason is not the "real" reason.

    • Q
      I lost my job after 25 years becuase i was seriously injured at my second job of 6 years
      Civil Litigation  |  Jan 8th, 2014
      Sharon Adams   Did this injury happen at work?  If so, you probably have a claim for workers' compensation retaliation.  Also, you may wish to explore claims based upon disability discrimination under the American's with Disabilities Act and FMLA retaliation.
      x
      i lost my job after 25 years becuase i was seriously injured at my second job of 6 years
      More details to this question:i was a supervisore for a pizza shop 25 years. i broke my left hand and tore my right rotator completly. After 12 weeks my job left me a voice mail and asaid i was a liability and not to return. No further phone calls were made to me or returned after i called. 25 years.
      Answer
      Answered by Sharon Adams

      Did this injury happen at work?  If so, you probably have a claim for workers' compensation retaliation.  Also, you may wish to explore claims based upon disability discrimination under the American's with Disabilities Act and FMLA retaliation.

    • Q
      Discrimination
      Discrimination  |  Jan 8th, 2014
      Sharon Adams   You may be the victim of disability discrimination, but I need some additional details: 1) how many employees does your employer have?  2) do other employees also get sent home for no reason? 3) have you ever been disciplined or received a poor performance review?In order to qualify for ...
      x
      discrimination
      More details to this question:my employment keeps sending me home for no reason.i have a handicapp disability.i transferred back to this store went up there 5 times to be sent back home.i believe he is using my handicapp as a disability towards myself.i was told to quit asking customer for money.never done this i went to work today was schedule 6 to 11 and was sent home for no reason just was told to go home i dont need you today.my handicapp ability in following direction i just do what they ask me to do at this point in time
      Answer
      Answered by Sharon Adams

      You may be the victim of disability discrimination, but I need some additional details: 1) how many employees does your employer have?  2) do other employees also get sent home for no reason? 3) have you ever been disciplined or received a poor performance review?

      In order to qualify for protection under the American's with Disabilities Act, you have to be able to perform the essential functions of your position with or without accommodation.  Are you able to perform the duties of your position?

      The employer is not allowed to single you out because of your disability.  You are entitled to the same terms and conditions of employment as everybody else.

    • Q
      Can I sue
      Wrongful Termination  |  Jan 7th, 2014
      Sharon Adams   It depends.  Based upon what you said in your question, you may have a sexual harassment case.  For example, if you cut off the relationship with your Manager and he/she terminated you because of that, then you might have a case based upon a "quid pro quo" theory of liability.  I woul...
      x
      can I sue
      More details to this question:Worked for restaurant for over six years. I bartend served and trained all new employees including employees at their other restuarants an hour away, for no extra pay. Always picked up extra shifts and did odd jobs for the owners. I was always on time and was the best at my job, my coworkers and customers adored me. My manager (who is married to a chef) and I were having relations for two months prior to me getting fired and had cooled.off the last month . Rhen I walk in december first and I am mysteriously fired. The was no incident or writeups or warnings. Do I have a case?
      Answer
      Answered by Sharon Adams

      It depends.  Based upon what you said in your question, you may have a sexual harassment case.  For example, if you cut off the relationship with your Manager and he/she terminated you because of that, then you might have a case based upon a "quid pro quo" theory of liability.  I would need more information about the nature of the relationship.  Also, whether it was the manager who made the decision to fire you.  In my experience, these can be tricky cases because sexual harassment is only harassment if the attention was unwelcome.

    X

    Contact Form

    We will respond to your inquiry in a timely fashion. Thank you.

    Quick Contact Form