Ohio Labor Board
August 7th, 2006 Posted by KimberlyThe Ohio Labor Board is there to help you and I in regards to any issues that we may incur while working in our state. In Ohio our minimum wage is $5.15 per hour for non tipped employees and $2.13 per hour for tipped employees. This is in accordance with the national minimums for wages. Our superintendent of the Ohio labor board is Gordon Gatien who is working very hard to not only make sure we are treated properly either as employees or as employers but that we get the help and services that we need from our very own labor board.
The Ohio labor board is responsible for enforcing all of the labor laws that protect us. This not only applies to the minors in our state but anyone who is employed in our state. The state also takes a lot of time and patience to help all employers to understand the labor laws especially when it comes to minors and the limitations that are placed on them in accordance with Ohio laws. They do this by enforcing the laws as well as by performing inspections to insure that the places that we are working at are safe as well. They do this through the use of OSHA as well as through other organizations to maintain the safe work environment for all of us.
In Ohio our unemployment rate for June was 5.1% which is just a little bit higher than the national average of 4.8%. However that is a decrease from the previous month of 5.3% which continues to show how we are improving and making strides to improve the welfare of our state workers. With the Ohio Labor Board there are many things that they are working on to help bring down the unemployment rate as well as determining how to best handle any employment issues that may arise in the future.
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Posted by: Rick
My wife has to continually tell her employer to pay her her wages every single time payday roles around, if she doesn’t she does not get paid. Additionally, she has worked going on 4 weeks now without a paycheck. When she calls her employer to get her check she is told that she will get it tomorrow but tomorrow comes and still no check. Is there someone that she can report this BAD employer too?
Posted by: Amelia
Hi Rick! The “reminding” is not a violation of any law, but it is a violation of both state and federal minimum wage laws, for the employer not to pay the worker on time. Your wife could report this employer to the Ohio Department of Labor, or to the Wage and Hour Division of the US Department of Labor. It would probably also be smart to look for another employer. For a more detailed answer, post a question on our forum at http://www.laborlawtalk.com. And, thanks for reading the blogs!~ Amelia
Posted by: Lori
I worked at a grocery store part-time. Recently, I was called into a meeting with my boss, her husband, the other manager accused and me. My boss accused me of being involved with this other manager. Mind you, that this other manager is the top manager right under the owner(my boss). She had no proof, of course because it wasn’t true. She told me that there was rumors going around the store. The other manager and I both told her that it wasn’t true. Anyway, he got to keep his job because he was full-time but I lost mine, over rumors. She said she was very family oriented. I thought that this really questioned her as an employer. If she thought that this was true, why would she keep the one that is supposed to be in charge of all the employees?
Posted by: Amelia
Hi Lori! I agree that this owner handled the situation poorly. In a few cases, the EEOC has actually filed discrimination suits when a female employee was treated differently than a male employee, for the same “offense.” In this case, though, the employer would probably justify the treatment by saying that you were part-time, and that is the reason for the different treatment. I would just write it off under the “stuff happens” category and find a better job! HTH, and thanks for reading the blogs!~ Amelia
PS Feel free to post your dilemma on our sister site at http://www.laborlawtalk.com. They have a lot of great advice over there!!
Posted by: andrew elchert
I was discharged from my job the 1st of october 2008. I was discriminated on a job posting around April of 2008. At this point it was the third time bidding on the job. I had the experience and they wouldn’t test me. Is there any way I could pursue a lawsuit still on job discrimination towards this company? The person they hired for this job had no experience what so ever in this type of position.
Posted by: Amelia
Hi Andrew! Normally we would suggest filing a discrimination complaint with the EEOC, however, the complaint must usually be filed within 6 months. You can certainly try to find a lawyer who will take your case, but it may be difficult.
We are just curious: did the company give you any reason at all for not testing you for the position?
You can also post your question on our sister site at http://www.laborlawtalk.com. HTH, and thanks for reading the blogs!~ Amelia
Posted by: Kevin
The company I work for has changed policy to where we have to use 5 days of vacation for a plant shut down at Chistmas & the new year or we will not get paid. This is for salary and hourly personnel. I thought if the plant was shut down companies were supposed to pay you. Is this correct? A lot of us have already used our vacations because of a prolonged power outage. Myself and others have no vacation time left.
Posted by: Amelia
Hi Kevin! In most cases, an employer can require that all workers take vacation at a specific time, as when a plant is shut down for a week.
Hourly employees who have no vacation time are not entitled to payment for any period when they don’t work. Salaried exempt employees who do any work at all during the week are entitled to payment for the entire week, even if there is no work available for them on some days. However, if the salaried employee does no work for the entire payroll week, he or she need not be paid.
I posted an article on this very topic on Nov. 7 under Holiday Closures. It should answer most of your questions. For more info, feel free to post questions on our sister site at http://www.laborlawtalk.com. HTH, and thanks for reading the blogs!~ Amelia
Posted by: Becky
I worked for a company for 9 years and was a supervisor for 3 years. In Jan. 2008 I stepped down because of the production supervisor. She never had any faith in me, and was always starting trouble between me and other supervisors. She lied to people in the office. She has done anything she could to me. I got in trouble {from her} for talking. She threated my job. Then the harassment started. She claimed I was refusing to work, had a bad attitude, etc., etc. Never did I ever do any of this. Everyone knows I am nothing like this. On Oct 24 I got laid off. A friend of mine works there and told me the production supervisor was bragging that she got almost everything she wanted, because she lied so much to ones in office What should I do? There are alot of people that were shocked I got laid off and they have also seen this person doing these things to me.
Posted by: Amelia
Hi Becky! There is probably not a lot that you can do to change this situation at this point.
Technically, an employee is laid off when there is insufficient work for him or her. It sounds like you were actually fired, or terminated for cause.
If the termination was very recent, you can try to go to the Human Resources department or upper management and get it overturned. However, it is going to be an uphill battle, because you did not challenge anything the production supervisor said at the time. If you genuinely have witnesses to back up your claims, that may help.
If the production supervisor was saying things to the office staff, and writing you up for reasons that “everybody” knew were untrue, that was the time to try to combat that behavior…not now. It is going to be very difficult and probably impossible for you to prove that she was lying, at this point.
And, frankly, your former coworker is not being a true friend by reporting this woman’s current actions to you…if the coworker is even telling the truth.
The best tactic would be for you to file for unemployment, and continue to look for another job. Try to identify someone at your former company who will give you a good reference, and put them down as your reference. For more info, post your question on our sister site at http://www.laborlawtalk.com. HTH, and thanks for reading the blogs!~Amelia
Posted by: Becky
Well I did try and talk to the people in the office about all this and this woman convinced them otherwise. I am not the only one she done this to. I guess this is what popping her pain pills does. She is dangerous. Other co-workers have tried to say something also but they believe this woman. Even my supervisor tried to talk to them. Thing is I never missed work , I could do anything there and I did. There is no reason for why I got laid off.
becky
Posted by: john plavsic
I work for a steel mill in a management position. I get a base salary for 40 hours per week. Every week my boss expects me to work longer than 8 hours per day. He constantly insists on additional time for free. For example, he expects me to work a minimum of 9 hours per day. A couple times a month or sometimes weekly he schedules me to work 16 hours in a given day and expects me to be there 17 hours. The 16 hours of time is included in my 40 hours. So then he does not have to pay me more then my base pay. But the 17th hour is not paid. Sometimes he will change my hours from 8 to 16 without any prior notifications. I come into work and he says I need you to work 16 hours today. What can I do? I have talked to him about this but his position is find another job if you do not like it.
Posted by: Amelia
Hi John! This is probably a simple misunderstanding, and we can clear it up. Sorry, but this is probably not the answer that you want to hear. Since you are in a management position, you are probably a salaried exempt employee.
Exempt employees are not paid a “base” salary for 40 hours per week. They are paid a flat salary, to work as many hours as it takes to get the job done.
It is not unusual for an exempt employee to work 60, 70 or 80 hours per week. Exempt employees do not qualify for overtime or additional pay, no matter how many hours they work. There is also no requirement that they be informed in advance, when they will be required to work more than 8 hours.
In fact, the whole concept of “overtime” doesn’t apply to exempt employees. In this case, you believed that you were being paid for 40 hours per week, and that your boss is taking advantage of you unfairly. Your boss believes that you are being paid to do the job, no matter what hours you have to work. When you object, he probably sees it as your whining, or not being a team player.
If you feel that you should not be classified as a salaried exempt employee, that’s another topic. For more info, post your question on our sister site at http://www.laborlawtalk.com. HTH, and thanks for reading the blogs!~ Amelia
Posted by: Jeff Trimble
I worked for a clothing store called [employer name deleted]. I worked in Piqua , Ohio. As you might know this company had closed 107 of its stores by November 28th. All the stores were promised severance packages if they stayed until the end of going out of business sales. The company has
filed a second bankruptcy and is trying to bak out of the severance packages. None of the employees have been contacted about their severance. The company admits the bankruptcy judge has given them permission to pay the severance. Since the company initiated the severance
are they not obligated to pay to employees just as they would wages that
were promised?
Posted by: Amelia
Hi Jeff! This is really a tough situation, and you have our empathy. We cannot comment on ongoing litigation. But in general, if the company has made a written promise of severance pay to workers, they may be obligated to pay that, just as they are other debts. That’s the problem. Many times, when a company files for Chapter 7 bankruptcy, the employee’s wages go unpaid.
Chapter 11 bankruptcy basically reorganizes the company, reduces their debt and permits the company to continue to operate. So employees are usually paid wages they are owed under Chapter 11.
Under Chapter 7 bankruptcy, the business assets are sold and used to pay creditors. Employees who are owed wages or promised severance packages are one of the creditors. If there is not enough money raised, the company may pay only 10% of what they owe to each creditor.
Most bankruptcy judges are fair, and will require that employee wages are paid first. However, they may not require that severance packages be paid. And even a judge cannot get blood out of a turnip. If an employer goes out of business, or goes bankrupt, employees often get stiffed for their final wages.
You are to be commended for your loyalty, but any time an employer is having severe financial problems, the best bet is for employees to jump ship. Sorry, wish we could offer you more encouragement. You can also post your question on our sister site at http://www.laborlawtalk.com. HTH, and thanks for reading the blogs. ~ Amelia
Posted by: Bart Leach
I worked for a paper factory. I was discharged by the production manager because i was using a butcher knife that he says was banned from the plant. Neither I nor any other employee was aware of this new rule. These knives were still on the floor and in the stock room. This supervisor and I did not get along. My personnel file was spotless. They just hired a new plant manager the day after I was discharged. I asked to see this man and he refused to talk to me and get my side of the story.I feel this was a unjustified discharge, and this supervisor’s dislike toward me.
Posted by: Amelia
Hi Bart!
In Ohio, as in other states, employees can be fired for any reason, or for no reason at all. This is called employment at will. While we don’t think that the supervisor’s actions were reasonable, we do think that they were legal.
Unless this case involved discrimination based on race, religion, color, national ancestry, sex, etc. it was probably legal. You could certainly hire a lawyer and pursue a claim for wrongful termination. For more info, post your question on our sister site at http://www.laborlawtalk.com. HTH, and thanks for reading the blogs! ~Amelia
Posted by: Tracy
Message - I worked for a company that cleans houses, on several instance my team has been assigned the most difficult house cleaning cases, that normally two people might accomplish in a one day time period, but on top of that we are getting additional houses to clean. My days start at 8 a.m. and most days do not wrap up until after 5 p.m. and later. We are not given paid breaks or appropriate lunch breaks, we sign in when we arrive at the office and are given drive time to the job, and then we call to sign in when on the job, so on and so forth through out the day. Due to these very heavy schedules and no official breaks my carpal tunnel has become severly inflamed to the point of complete numbness. When I returned to the office to sign out I informed the manager that there was no way that I would be able to work the next day, and that I would return in two days (I had a scheduled day off in the middle). I was informed this evening that if I did not return to work, the owner would deem it necessary to hire another person. I only asked for time to allow my hand to re-coup, they said that that was not good enough and if I did not come in I would be fired. I reiterated that I would not be in the next day but would return on Thursday, they informed me that would not be necessary as I no longer had a job. Can you please give me any recommendations on how this could be legal?
Posted by: Amelia
Hi Tracy! If your Carpal Tunnel is work related, you need to inform the employer of that and they need to treat it like a Workers Comp claim. That will probably include a hearing, because employers tend to fight Carpal Tunnel claims. Workers Comp would protect your job and provide partial benefits, if you were out for 3 days or more.
If the employer has more than 50 workers within 75 miles, then the absence may be covered under FMLA, the federal Family and Medical Leave Act. This will depend upon a doctor certifying that the Carpal Tunnel is a serious health condition, but it should meet that test.
Unfortunately, if the company has fewer than 50 employees, they are not obligated to offer any paid or unpaid sick leave. They can legitimately terminate an employee who takes time off, even with a reason as good as yours.
If the employer has permitted other employees to take unpaid time off without being terminated, then this may be illegal discrimination based on sex, race, color, religion, age (over 40), etc.
If the employer has 15 or more employees, they are covered under ADA, the Americans with Disabilities Act. The definition of a disability under ADA was expanded in January 2009, and it probably covers Carpal Tunnel. You can contact them at eeoc.gov. The employer would be required to grant you reasonable accommodation for your disability. In many cases, permitting unpaid time off would be a reasonable accommodation.
It is possible that the employer is simply not aware of your Carpal Tunnel and thinks you just want an extra day off. From your post, it sounds as if you are off on Wednesday, and have told the employer that you will not be working on Tuesday. If you are fired for taking this day off, and are covered by one of the federal laws listed above, you may be entitled to your job back. However, it could take many months or even years to achieve that.
One option would be to go to work on Tuesday, and contact the EEOC, the Ohio Workers Comp Ombudsman, etc. about this situation. HTH, and thanks for reading the blogs!~ Amelia
Posted by: david
Last month the store i was working at had an inspection and failed. Due to this according to the operations manager, my employment was to end without previous writeups. The store manager also got fired after they found out they put in his 2 wk notice. The last time the store failed an inspection the store manager was the only one who got fired and not any other managers. According to the district manager this is a new policy that is implemented by the operations manager that is NOT in writing. Also it has been stated by employees that they have heard the operations manger say that he did not like me and that he wants to get rid of me . This was said long before the inspection. The manager that was supposed to be in charge during the the time of the inspection was late getting to work and was not fired either . Employees have heard the operations manager talking to the district manager telling her that he ( the operations manager ) wanted ” those people out of his store” … Referring to me and the store manager who are gay. This comment was made not to long before the inspection which for some reason lasted for @7 hrs when a normal one would last @ 2 1/2 hr . Also . Technically i was not certified to run the shift on my own because of lack of certification that is required by the fast food franchise. I had been a manager for @ 3 years before i got any certification and only received one course (serv-safe certification) and have not received the leaderspath certification and was told to lie about it and say that i was someone else so that we would not get points off for me not being certified
Posted by: Amelia
Hi David! Obviously, this is not a good situation but there may be little that you can do. Unfortunately, it is legal for an employer in Ohio to discriminate against gay employees. (A number of states, including Illinois, California and New Jersey, do outlaw discrimination based on sexual orientation.) If the franchise holder that you work for has a central Human Resources department, you can complain to them that you were unfairly fired. Or, you can try to speak to someone above the level of the district manager about this situation. It’s worth a shot, but there is no guarantee that they will see it your way. Obviously, a well-managed company would have given you the training that you need, to succeed. Your next step is to file for unemployment. You were fired through no fault of your own )because you did not have the necessary certification to pass the inspection) so you should qualify for unemployment. Also, you should apply for jobs at the OTHER major fast food franchise. Fast food is booming right now during the recession, and you have a very promising career ahead of you. When you are asked why you left the old place, merely mention that despite your requests, you were never given the certification training that you needed to pass the inspection. HTH, and thanks for reading the blogs!~ Amelia
Posted by: Chris
Hey,
I was recently involved in a situation at work where They told me, either I fill out A false statement or I get terminated.A girl had gotten raped in the fitting room and became pregnant.Well, the employer is wanting me to say it didn’t happen because she is the one that told me about it first. I worked in Loss Prevention.They are wanting me to write a statement saying I never filled out the necessary paperwork and That I believe the girl was lying and it never happened.I know it happened and I refused to write a false statement So I refused to write it and just walked out.I never went back.Is there something I can do?
Posted by: Amelia
Hi Chris! Yes, there are several things you can do. First of all, kudos to you for standing up, doing the right thing and refusing to lie. The employer was breaking the law by telling you to lie or they would terminate you. You should contact the U.S. Department of Labor, OSHA and the EEOC about protection under the Whistleblower law. This law basically protects employees who are in your situation from retaliation when they refuse to break the law, or point out to the company (or a federal agency) that the company is breaking the law. After talking with the EEOC, OSHA and U.S. Department of Labor, you may want to also consult an attorney who specializes in personal injury or employment law, especially wrongful termination. When a case is as strong as yours, often an attorney will accept it on contingency, meaning you do not have to pay the attorney’s fee up front — he will take his fee out of any amount won. (However, if you contact the attorney first, the EEOC won’t take your case.) You may very well get your job back or be awarded a cash settlement. You should also contact the young woman in question and/or her attorney, and offer to testify on her behalf. While all the events are clear in your mind, sit down and hand write a timeline of everything that happened regarding this case. Include dates and times whenever you can, and all the details that you remember. You should also file for unemployment. An employee who quits when the employer asks them to do something illegal usually qualifies for unemployment benefits. Most of all, hang in there. You are doing the right thing. HTH, and thanks for reading the blogs!~ Caitlin
Posted by: S - Cincinnati
I work for a company that has been around over 100 years. It has of course went through many changes through the times it has been in existence. We have recently taken on a new attendance policy as we never had one before. Previously, people were fired for missing too much work though there was no policy and salary employees were docked pay for days missed. We were allowed, however three sick days, one of which was allowed without a one week advance notice.
Our new policy is as follows:
If you are up to 2 hours late or leave under two ours early, you will receive a half a point. Anything where you miss more than 2 hours in a day results in 1 point. At 4 points you receive your first warning, 7 points your first write up, 9 points your second write up and 11 points you are fired. The points expire after 12 months.
It is fine they want to start a new attendence policy, but there are flaws. The policy only affects hourly employees, of course no one on the HR committee has to abide by the new rules. There are many older, sickly people who come to work early every day and are being penalized for going to doctor appointments. People who have children who have snow delays or snow days are being penalized. And people are being penalized if they are late because of snow on the roads.
The policy also applies to lunch so if you clock out later than 12:06 for lunch you are given a half a point for taking your full hour lunch which you are entitled to.
The way the policy reads right now, you can miss up to three days and receive only one point as long as you have proper documentation. They are trying to change the policy so you receive a point for each day missed. That means if you were out for a full week you would only need two more points for a write up or if you were out two weeks you would be fired. Not sure what would happen if you take maternity leave.
Finally, if we do request vacation time under their strict terms, we are not notified if it is approved. The lady in HR has told us if you don’t hear back, it is approved, but we have no way of knowing if she received the request on the form she makes us fill out.
If anyone can help me understand if all this is legal or if anything can be done, it would be greatly appreciated.
Posted by: Amelia
Hi S! Yes, the points program that you describe is legal. In fact, some would say that it is a more consistant and fair way to determine when an employee has had “excessive” absences, rather than the old way — which seemed to rely on the supervisor’s judgement.
From the employers perspective, this system is more fair because every hourly employee is held to the same standards. Many, many companies are going to this type of point program for tardiness and absenteeism.
It may not be wise or good for employee morale, but it is legal for the employer to have one policy for exempt (salaried) employees and a different policy for hourly employees.
From the employer’s point of view, it is the employee’s job to get to work on time. It sounds harsh, but parents need to make other childcare arrangements for days when their children’s school is delayed or closed due to snow. No doubt the employer would say that regardless of weather or traffic conditions, the employee is responsible for getting to work on time. This attitude is shared by most employers. It sounds like your employer has been a little lax about tardiness in the past, and wants to change that now.
Most employers would discipline an employee who was absent for more than a full week for a minor illness; many would fire him or her.
However, we do have suggestions for some of these points.
In 2009, the EEOC changed the definition of disability under the ADA, the Americans with Disabilities Act. The law now applies to any employee with a permanent physical impairment. So most of the older employees who need to see a doctor for arthritis, diabetes, gout, heart condition, etc. are entitled to coverage under this law. (In fact, according to our source at the EEOC, the new regulations make the majority of employees over the age of 50 “disabled.”) The employer must make reasonable accommodations for an employee with a disability, and a very frequent accommodation is time off to go to the doctor. The affected employees should ask for a reasonable accommodation (the employer doesn’t have to offer it) and if it is not granted, the employees should contact the EEOC at eeoc.gov. The employer cannot discipline an employee for taking time off as a reasonable accommodation.
For maternity leave or for employees with a serious health condition, the FMLA is a good solution. The federal Family and Medical Leave Act permits employees to take up to 12 weeks of unpaid, job-protected leave per year. Employees can use FMLA intermittently to attend doctor’s appointments. Pregnant women can use FMLA for childbirth disability, and for baby bonding. Again, the employer cannot take any disciplinary action against an employee for using FMLA. By law, the employer must inform an employee of FMLA within 5 days if the employee has an absence that could qualify. However, since the employer is taking such a hard line, we suggest that employees with a serious health condition request FMLA. (Note that FMLA does not apply to colds or minor illnesses. However, it does apply to acute illnesses, ongoing medical issues, mental health issues such as depression, alcoholism and drug addiction.)
You will find a wealth of information on ADA and FMLA in our archives.
In terms of the HR Directors policy on vacation, we agree with you that this does not sound like a very good plan. When you turn in a vacation form, be sure to keep a copy for your records. If you can email the form (and copy yourself on the email) do so. If you want to be a stickler, mail the form to her with return reciept requested. Then, you will be able to prove that she received it, if necessary. HTH, and thanks for reading the blogs!~ Amelia
Posted by: Shaft
I work for a company who has closed its doors at one location and moved to another. They are giving retention and severance packages to all of there employees. The have a mile stipulation in the employee hand book stated if you live within 50 miles of where the company is located you dont get this package deal. My question is if it moves to another state and you still fall within the 50 miles, would this rule still apply?
Posted by: Amelia
Hi Shaft! Yes. The employer is under no obligation to offer retention or severance packages to the employees. Many, many companies simply move, and the employees can deal with it or quit. Since the employer is voluntarily offering these packages, the employer can set the policies governing them. If the employer decided who receive benefits based on race, color, religion, national ancestry, sex, disability, age (over 40) or pregnancy, that would be illegal. But as long as the employer applies the policies fairly to all employees, this is lawful. HTH, and thanks for reading the blogs!~ Amelia
Posted by: Lucy
I was terminated for “misconduct”. I explained to my bosses that I never did what they accused me of doing. I worked in a nursing home and there was another employee, a patient, and myself present (everyone else said they didn’t hear anything), the other employee was yelling and swearing and was sent home that evening (she never returned). I had no idea what was going to happen because I did not do anything wrong. I was told that the patient (who has well documented dementia) said the other staff & myself were BOTH arguing therefore I was terminated. When social service did their “investigation” it was recommended I be given a 3 day layoff just to close the issue. I understand it is legal because of “at will” employment but now I have been denied unemployment. I did file an appeal but will it do any good ? I told the other employee I was not going to argue and immediately reported her to my supervisor. I am an LPN and thought this was the correct way to handle this but I guess the employer didn’t think it was. Any advice ??
Posted by: Amelia
Hi Lucy! This is a tough situation, and you have our sympathy! Yes, your unemployment appeal may well work, if you can demonstrate that the “witness” against you has dementia. The more important matter, though is to focus on finding a new job. You will inevitably be asked why you left this one. Simply tell the interviewer it was a misunderstanding and if possible let it go at that. If the interview probes for details, explain that even though you think you reacted properly, the employer decided “better safe than sorry” and let both of you go. Sorry we can’t offer more help!~ Amelia
Posted by: Jean
I left my job due to sexual harrassment a week ago (HR was informed). They have not reimbursed me for outstanding expenses (company credit cards were discontinued April 30 - we were then to put expenses on our personal credit cards) incurred for over 7 weeks. I have informed HR. What is my recourse now that I’m not an employee?
Posted by: Amelia
Hi Jean! The first thing you should do is contact the EEOC at http://www.eeoc.gov and file a complaint of sexual harassment. This will get the employer’s attention. Then, contact HR and mention that you have filed the EEOC complaint, and that you are owed reimbursement for expenses. Make them commit to a date when the expenses will be paid. Follow up with a letter. If they don’t follow through, take the employer to small claims court — you do not need an attorney, you can represent yourself. HTH, and thanks for reading the blogs!~Amelia
Posted by: Krystle
Hi my name is krystle and i’m an stna here in Ohio i worked for a nursing manor in lancaster i was fired today because a follow employee that asked me what was going on because she over heard my conversation and i told her so she went to the quaility director and to him what was wrong and he called me into his office and he told me i was being fired i asked what for he told me cause my drivers license is supended at the moment and i told him i had no idea that my frivers license had anything to do with my job i have been to work everyday since my ldrivers license has been suspened please let me know if this is legal cause i dont think it is he even said i was a good employee and as soon as i had my drivers license i can come back and reapply.ps no i never drove one of thier cars.
Posted by: Amelia
Hi Krystle! Sorry, we dont’ have enough info to understand what is going on. It sounds like you were talking about your suspended license to a coworker. Someone else overheard, and told the quality director. We aren’t sure why this would be a problem, unless you sometimes drive patients or you were observed driving your car to work (in violation of the law.) Possibly, if your license was suspended due to DUI, they may have a rule about avoiding certain criminal conduct, even when you are not at work. Sorry, wish we could be more help.
In Ohio, as in other states, employment at will allows any employer to terminate any worker at any time, with or without notice, for any reason or without a reason. So, yes, this was probably legal. The only exception is illegal discrimination due to race, color, religion, national ancestry, age, pregnancy, sex, disability, etc. However, that does not seem to apply here. HTH, and thanks for reading the blogs!~ Amelia
Posted by: krystle
No i never drive patients anywhere and no they havent seen me driving my own car to work.
Posted by: Amelia
Hi krystle! Interesting. Frankly, we are a little puzzled. They haven’t SEEN you driving yourself to work…or you haven’t been driving at all with a suspended license? It might be worthwhile to carefully read the employee handbook, and if you still don’t understand to call and tactfully ask what the reason was for your termination. Obviously, you don’t want this to be a confrontation because you want to be able to work for them in the future. Again, many employers have rules against the employee a) doing anything illegal, which would include driving with a suspended license or b) doing anything that makes the company look bad. It would be interesting to know what they say. Otherwise, you could just focus on getting your license back so you can go back to work. HTH, and thanks for reading the blogs!~ Amelia
Posted by: southernbell
I just finished my last two weeks for an employer and had my supervisor sign my two weeks notice. My concern is I know they are going to keep my last paycheck unfairly. Long story short - they give you more hours to schedule for PTO then what you are actually allowed per the time you have been at the company - with the fine print in HR stating that you are allowed 1/12 of your 1-4 years of time (20 days) per each month you work there. The problem lies in the fact that in the two years I worked there - they only prorated the time ONCE. I started on Oct 21 of 2007 - so they gave all of us new hires 3 days for the end of 2007. Starting on January 1st of each new year - they give you your FULL 20 days to schedule however you please - providing the coverage is available that day. My dispute is you can put all those policies all you want in HR - but if you are ALLOWING me to go into a negative PTO balance without even tracking the correct accrual in the scheduling program they use…HOW IS THAT LEGAL? I do NOT want someone to come back and say - “Well you signed company policy” when they are being decietful in this? The ONLY way I even found out is when I called HR on another matter and the lady on the line then mentioned that if I left the company - I would then owe that money back. That is OVER 1400 dollars! AND that is definately more than my last paycheck anyhow. The only problem is that is does state they will withhold last paycheck if you used more PTO than earned - which I’m afraid this stupid employer would win unjustly because it is in there. HOW IS A COMPANY ALLOWED to do this? I am only 22, and had no idea that the corporate world is so unjust or I would have NEVER taken the time in the first place. They don’t act like that policy even exists in this place - they say “Go ahead and take it.” It burns me up because I NEED my last paycheck. Now I read somewhere that sometimes it is smarter for the company to eat it than to fight to make me pay it since it would cost them more in the end - but I don’t trust the head haunchos in this place. So - what can I do? I read Ohio has practically no laws or protection on vacation time or paying out last paycheck - so I pretty much feel screwed. I am willing to contact the OH Dept . of Labor and file a claim for unpaid wages - but really how likely am I to get a payout? And if I did win for some blessing, how long would that take? Would that filing help win a case or is it just a waste of time? Thank you for your assistance - I need to contact this employer before they process payroll in a couple of days.
Posted by: Amelia
Hi southernbell! Okay, let’s take a deep breath here. In many ways corporations are unjust, but this is not one of them.
Many, many large companies permit employees to use their PTO before it is earned. This is a tremendous benefit to employees because they can take a cruise in March when they won’t have PTO until October. Or, they can be off for their daughter’s wedding in June when they won’t have PTO earned until November. It is a little unusual for the employer to permit an employee to use 4 years of PTO in advance, but that is apparently what your company does.
When a company permits an employee to use unearned PTO, the company is giving the employee an advance on his or her wages. Suppose Marsha makes $100 per day. She has no earned PTO, but the company allows Marsha to use unearned PTO. Last week, Marsha worked 4 days and took 1 day of unearned PTO. The employer paid her usual wages of $500. That was $400 in wages for time worked, and a $100 advance. The assumption is that Marsha will, at some point, earn enough PTO to “pay back” that $100 cash advance.
However, if Marsha leaves the company before earning the PTO, in almost every state, the employer can deduct the advance from her final paycheck. Suppose Marsha’s final paycheck is for 5 days, at $100 per day that’s $500. However, Marsha owes the employer $100, so her final check is for $400. If Marsha owed the company for 5 days of PTO, she would net $0 for that final week. This is perfectly legitimate. Marsha owes the company money and they have the right to deduct it from her final check.
Companies do this partly because it encourages employees to stay with the company, and discourages job-hopping.
It sounds like, in your case, the company could have explained this system better. But frankly, it is in the handbook and if you filed a lawsuit against the company you would probably lose (unless you are in California.) Someone at the company is tracking the amount of PTO used, because HR informed you how much you would owe if you left.
Federal law requires that employers pay employees for all time worked on the final paycheck. However, in this case, you were paid in advance for time you DID NOT work — and that can legitimately be deducted from your paycheck. HTH, and thanks for reading the blogs!~ Amelia
Posted by: ExteftEagerge
Josh: I don’t understand why churches and ‘family groups’ spend millions of dollars a year on abstinence-only instruction when a World of Warcraft account only costs fifteen dollars a month and has a much better record of ensuring virginity.
Posted by: Amelia
Thanks, Exteft for raising an excellent point!~ Amelia
Posted by: dixie post
My employer gives us PTO time that we earn each week. I work 4 ten hour days Mon. thru Thurs.with Fri. Sat. & Sun off. At the busy times of the year they require us to work mandatory OT on Sat. morning, 12:30 AM to 6:30 AM. And this occurs in the summer when most people want their weekends off. If we want the whole weekend off we have to request it and IF approved we have to use 10 hours of our PTO time. Is this legal.
Posted by: Amelia
Hi dixie! Yes, this is lawful — in fact, that’s exactly what PTO is for. So that an employee can take paid time off when they like. It also limits the amount of time that an employee can take off.
It is unusual for an employee to have to use 10 hours of PTO when they were only scheduled to work 6 hours, but it is lawful. Apparently the employer had to take this measure, because so many people wanted to be off on Saturday. There is no law that employers must provide PTO or paid vacations. If the employer does provide it, then the employer establishes the rules concerning it. HTH, and thanks for reading the blogs!~ Amelia