Employment Law
At-Will Employment
In Ohio, employees are presumed to be "at will." At-will employees may be terminated for any reason, so long as it's not illegal. Generally, employees who work under an employment contract can only be terminated for reasons specified in the contract. However, in Ohio, the terms of termination can be changed if the parties' conduct shows a clear intent to impose different conditions. 
Unemployment Compensation
There are two types of requirements to establish unemployment compensation eligibility. The first type of requirement is monetary (weeks and wages). The applicant must:
Ø Be unemployed at the time of filing;
Ø Have at least 20 qualifying weeks of covered employment in the
base period; and
Ø Earn an average weekly wage of at least $210.00 (this amount
changes each year).
The second type of requirement is non-monetary (unemployment must be through no fault of the applicant).
A person’s unemployment must not be his/her fault. If laid off due to a "lack of work", there is no question that the applicant did not cause the unemployment. The monetary requirements also must be met to qualify for unemployment benefits.
If the applicant quit a job when the option of remaining employed existed, he/she has caused the unemployment. To establish eligibility, the applicant must show that he/she had "just cause" for leaving the job.
Examples of "just cause" may include such reasons as:
Ø The worker's health was endangered or he/she was physically unable to do the work. The worker notified the employer with a medical statement before quitting and gave the employer reasonable time to find other suitable work for him/her.
Ø The employer refused to meet conditions of the hiring agreement, such as hours or wages.
Ø The employer refused to provide legally-required safety equipment or measures.
Ø The employer required the worker to perform work that violated accepted moral or legal standards.
Ø The applicant must provide information showing that he/she had "just cause" for quitting the employment.
Family and Medical Leave Act
The Family and Medical Leave Act (FMLA) mandates the continuation of benefits for workers who need time off to attend to serious family matters. The Act provides eligible employees with up to 12 weeks of unpaid leave each year for the birth of a child, the placement of an adopted or foster child, to care for an immediate family member with a serious health condition, or to take medical leave because of a serious health condition. The FMLA applies to public agencies and employers that have at least 50 employees who live within 75 miles of the company. An employee must have worked for the employer for 12 months and 1,250 hours to be eligible for leave.
Fathers are eligible for unpaid leave under the FMLA if:
Ø The father works for a local, state, or federal government agency (with some exceptions), or a private company that
employs more than 50 employees within a 75 mile radius of the father's workplace;
Ø The father has worked for his employer for at least 12 months; or
Ø The father has worked at least 1,250 hours during the 12 months during the previous year.
If a husband and wife work for the same company, the company may limit their combined FMLA leave for the birth or adoption of a child, or placement of a foster child, to a total of 12 weeks.
If you are eligible to take leave under the FMLA, you should:
Ø Give your employer 30 days written notice;
Ø Provide medical documentation;
Ø Ensure that your health benefits remain active during your leave;
Ø Determine whether you should use accrued paid leave, such as sick or vacation time. Employers can require employees to use accrued leave before FMLA leave begins; and
Ø Keep in contact with your employer on your status and intentions regarding returning to work.
Wage and Hour Laws
The Fair Labor Standards Act (FLSA) and the Ohio Minimum Fair Wage Standards Act establish minimum wage and overtime provisions, and regulate child labor. Employees must be paid for any "work time" - time spent on an activity that is performed for the benefit of the employer. Although co-workers may be paid different amounts depending on their skills, education, and background, pay differentiation can not be based on a protected characteristic such as race, sex, or religion.
Under the FLSA, certain workers are not covered by the minimum wage and overtime requirements. These workers are often called "exempt workers." Examples of exempt workers include:
Ø Salaried executive, professional and administrative employees;
Ø Outside sales employees;
Ø Farmworkers on small farms;
Ø Employees in fish and aquatic farming;
Ø Seasonal amusement or recreation employees;
Ø Babysitters who work on a casual basis;
Ø Companions for the elderly;
Ø Newspaper delivery workers;
Ø Telephone company switchboard operators;
Ø Seamen on non-American vessels;
Ø Computer analysts and programmers;
Ø Employees of limited circulation newspapers; and
Ø Certain employees exempt by regulations or certificate.
The FLSA, does not limit the number of hours that an employer can require an employee to work, but it does require the employer to pay overtime, at a rate of one and one-half times the worker's normal rate of pay, or "hourly wage," for any time above 40 hours per week.
Under the FLSA, you or the U.S. Secretary of Labor, acting on your behalf, must file a lawsuit within two years from the date that your employer failed to pay you minimum wage or overtime or violated other provisions of the FLSA, or retaliated or discriminated against you for asserting your rights under the FLSA.
The FLSA permits the extension of the statute of limitations period to three years if an employer's violation is willful.
An FLSA violation is considered to be willful if the employer:
Ø Knew that its conduct was prohibited by the FLSA;
Ø Showed reckless disregard as to whether its conduct was prohibited by the FLSA;
Ø Disregarded the possibility that it was violating the FLSA; or
Ø Had prior FLSA violations and evidence of the employer's recklessness is shown.
If an employer violates the FLSA or the Ohio Minimum Fair Wage Standards Act, an employee is entitled to statutory damages, which include past wages, attorney fees, and liquidated damages.
Americans with Disabilities Act
The Americans with Disabilies Act (ADA), applies to anyone with a physical or mental impairment that substantially limits one or more major life activities, such as sitting, walking and standing. Specifically, the ADA covers persons:
Ø Who are deaf, blind, or confined to a wheel chair;
Ø Who have various diseases or disorders, like diabetes, HIV, and carpal tunnel syndrome; and
Ø Who suffer from severe depression or mental retardation.
These persons are entitled to "reasonable accommodations" at work, unless the change poses an "undue hardship" on the employer. Under the ADA, addiction to illegal drugs and compulsive gambling are not disabilities. Alcoholism can be a disability under the ADA, but employers can hold employees with alcoholism to the same perfomance and conduct standards as other employees. Only employers with 15 or more employees are covered by the ADA.
Sexual Harassment
An employer may be liable to an employee for sexual harassment which can include unwelcome sexual advances, conduct or other physical or verbal acts of a sexual nature, which occur in the workplace. The following conduct is generally considered sexual harassment:
Ø Direct sexual conduct--an employer makes sexual advances or statements;
Ø "Quid pro quo" - job-related benefits are offered in exchange for sexual conduct; and
Ø Hostile work environment--an employer maintains an overly sexual work environment.
If you feel you are a victim of sexual harassment, you should file a claim with the Ohio Civil Rights Commission (OCRC) or contact Edward L. Gilbert Co., LPA at 330-376-8855.
Employment Discrimination
Under federal law, an employer doesn't have to hire, or promote the most qualified applicant. But the employer cannot base decisions on personal characteristics, such as race or age, that are not job-related.
An interviewer is not permitted to ask questions relating to personal characteristics. Interview questions that are not permitted include:
Ø Are you married? Are you planning to get married?
Ø Do you have children? Are you planning to have children?
Ø What's your sexual orientation?
Ø Have you ever been arrested?
Age Discrimination
The Age Discrimination in Employment Act (ADEA) and Ohio’s Fair Employment Practices Act (FEPA) protect employees and job applicants who are 40 years of age or older from being discriminated against because of their age with respect to employment-related matters, including hiring or firing, promotions, demotions, wages, benefits and job training.
The ADEA applies to employers with 20 or more employees and FEPA applies to employers with 4 or more employees.
In some situations, age can serve as a legitimate qualification for employment. Employers may legally:
Ø Claim a bona fide occupational qualification (BFOQ) when an age preference is necessary to the operation of the business;
Ø Observe the terms of a bona fide seniority system or benefit plan;
Ø Make employment decisions based on reasonable factors other than age;
Ø Discharge or discipline an employee for good cause; and
Ø Retire all bona fide executives and high policy makers, who are at least 65 years of age, have held the position for at least
2 years prior to retirement, and will receive at least $44,000 per year in pension benefits.
If you feel you are a victim of age discrimination, you should file a claim with the U.S. Equal Employment Opportunity Commission(EEOC) or contact Edward L. Gilbert Co., LPA at 330-376-8855.