Edward L. Gilbert Co., LPA

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Employment Law FAQs

 

Q: What is minimum wage in Ohio?

 

A: Ohio's minimum wage is $7.30 per hour and $3.65 per hour for tipped employees (plus tips). However, minimum wage is $6.55 per hour for those employees whose employers gross $267,000 or less and 14 & 15 year olds.

 

On July 24, 2009, the federal minimum wage increased to $7.25 per hour for those employees whose employers gross $267,000 or less and 14 & 15 year olds.

 


Q: I heard Ohio is an “employment at will” state, what does that mean?


A: “Employment at will” means that, unless you agree otherwise with your employer, either you or your employer may terminate the employment relationship at any time for any reason that does not contradict the law.  If you do not get an employment agreement for a specific period of time, you will be an “at will” employee and can be terminated at any time.  By the same token, as an at-will employee, you are free at any time to leave a job you no longer want in order to take a better position.

 

 


Q: Who is eligible for unemployment benefits?

A: Individuals are eligible to apply for unemployment if they:

 

Ø      Have become unemployed through no fault of their own at the time they file for benefits;

 

Ø      Have completed at least 20 weeks of employment with an employer, or employers, who have contributed to unemployment insurance during the “base period”;

 

Ø      Earn an average weekly wage of at least $210.

 


Q: What is the "base period"?

A:  The "regular" base period is the first four of the last five completed calendar quarters.  An "alternate" base period is the last four completed calendar quarters before your claim begins.

 


Q: How long can I receive unemployment compensation?

A: From 20 to a maximum of 26 weeks depending on how many weeks you worked before filing for unemployment compensation.  This limit is occasionally extended during times of economic hardship. 

 


Q: What if I quit my job?

A: If you can show “just cause” for leaving a job, you will be eligible for unemployment benefits. To be considered eligible for benefits, you must show that:

 

Ø      The employment endangered your health;

 

Ø      Your employer refused to honor the terms of an employment contract;

 

Ø      Your employer refused to supply you with any required safety equipment; or

 

Ø      Your employer required you to engage in illegal or immoral activities.

 


Q.: What is “just cause”?

A.: Generally speaking, “just cause” refers to sufficient fault on the part of the employee to justify termination.  For example, an employer usually will have just cause to terminate an employee who fails to show up or call off from work for several days.  In the case of performance problems, however, just cause usually means that the employee consistently has failed to meet the employer’s reasonable expectations despite the employer’s warnings and instructions to improve.