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James Alfred Meaney

James Meaney’s Answers

89 total


  • Can an employer change commission rates AFTER a sale is made to decrease the amount they have to pay the salesperson?

    My husband's company lowered his salary and raised the commission he would receive on new sales. At the time of this reduction, he had no sales that would have been affected. He is concerned that once he makes a sale or two, which are pending an...

    James’s Answer

    In addition to the posted answer, Ohio has a commission statute that may be of help - RC 1335.11 - which says that "If the contract between the principal and the sales representative is in writing and its terms unambiguously and clearly specify when the commission is due, the terms of the contract shall control the determination." But RC 1335.11 requires the payment of agreed on commission within the time specified or a reasonable time and imposes penalties and attorney fees if not paid. "A principal who fails to comply with division (C) of this section or with any contractual provision concerning timely payment of commissions due upon termination of a contract with a sales representative is liable in a civil action for exemplary damages in an amount not to exceed three times the amount of the commissions owed to the sales representative if the sales representative proves that the principal's failure to comply with division (C) of this section or the contractual provision constituted willful, wanton, or reckless misconduct or bad faith. If a principal receives a written demand for payment of the commissions owed to a sales representative that was sent by certified mail, the failure of the principal to respond to the written demand in writing within twenty days after the principal receives the written demand shall raise a presumption that the principal acted willfully and in bad faith. The prevailing party in an action brought under this section is entitled to reasonable attorney's fees and court costs."

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  • Can I rightfully decline a position I am being pressured into accepting through my employer?

    I work in a department where I have the seniority and most knowledge. Recently my employer has been persuading me into accepting a new role with more responsibility yet no raise offered. I have declined three times and my supervisor is not taking ...

    James’s Answer

    I do not believe that you can do anything - the employer can terminate you for no reason or any reason unless it is discriminatory or violate some other law.

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  • Can FedEx Ground keep changing Contractor requirements to own route?

    Fed Ex Ground is requiring their independent contractors to own at least 3 routes. Most own one. Last week they were advised they would now need to own 5 routes in order to continue with FedEx Ground and the routes would have to be in place by thi...

    James’s Answer

    You should visit with a franchise/commercial lawyer - first, this is a matter of contract (if there is one) and to analyze whether you have any leverage under any franchise or business opportunity law, the entire relationship needs to be explored and explained.

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  • Hospital stay got me fired

    On July 9th, I ended up in the ER for a severe anxiety attack and chest pain. They did blood work and decided to admit me because my electrolytes were terrible and at fatal levels. I just got out of the hospital today (7/13) only to find a let...

    James’s Answer

    I do not completely agree with my colleagues who indicate that you may not have any recourse. Under the Family Medical Leave Act you may have a claim and perhaps under the American with Disabilities Act. You may also have claims under Ohio law. But, why not contact the employer first and explain what happened and see if they will reconsider.? If not, visit with a local employment lawyer who may be able to help. Good luck.

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  • I believe I have a workplace harassment, retaliation and discrimination issue at my current place of employment. I fear my job

    I live in Ohio but work in PA.... Do I need an attorney from PA?

    James’s Answer

    While most of the protective employment laws are federal, many states have their own employment laws and I would recommend consulting PA counsel.

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  • Can an employer make a rule that you cannot work at another job before coming into work at that place?

    Our employer sent an email that he would fire anyone who worked 24 hours before coming into work at that place of employment.

    James’s Answer

    There is not enough information here to understand the issues ...but in Ohio it is employment at will; meaning you can be terminated for any or no reason at any time, absent any sort of agreement otherwise or unlawful reasons like race/age/gender/military status discrimination or retaliation. Without more facts, it's impossible to tell whether you fit into one of those categories. But if that is the RULE and the employer applies it uniformly then the employer can probably do this - especially if it is for safety reasons.

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  • My employer put me on part time and took away my benefits right after I signed up gastric bypass is there a case.

    They say they don't see who is being treated for what only the treatments. They did this the day of my first step of going through the process. I know that is the real reason they did this. I had been there 10 yrs as of May 2nd of this year. Also...

    James’s Answer

    You should contact a local employment lawyer. You may have a claim under the Family Medical Leave Act or the Americans with Disabilities Act.
    The FMLA covers employers with at least 50 employees within a 75-mile radius of where the affected employee works. To be covered by the FMLA you must have been employed for 12 months and worked 1,250 hours in the prior year. Assuming the employers has at least 50 employees, it sounds like you could be covered. And, beyond that you may qualify for protection under the American with Disabilities Act; you need to see an employment lawyer.

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  • Is it legal for a woman who is seven months pregnant to work by herself in a high volume retail store?

    My store manager has known since I was five month pregnant and she has been bullying me ever since. When she first found out i was pregnant should told me I could keep a snack and water at the cash wrap, then two weeks later she tells me I can't d...

    James’s Answer

    I agree with Mr, Garrity - sometimes a strong letter from an employment lawyer can change the attitude of an employer ... but more information is needed to determine exactly how to proceed. You should seek out counsel as soon as possible.

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  • Legal to hire friends, government position?

    Hi, I have a co-worker who, I recently discovered because the paper published salaries, is making about $3/hr more than I am. She actually started after I did. We have a board approved pay rates. She is earning more than the max (which is...

    James’s Answer

    You should visit with an employment lawyer BEFORE taking any steps because if this matter qualifies as a whistleblower action under the Ohio Revised Code, specific steps are REQUIRED to set the claim up properly. And one step in that process is perhaps notifying the Inspector General.

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  • I was fired will on leave on medical leave

    When I was at work I noticed a lump on my knee, so I left work early. I waited the weekend to see if the swelling went down. Monday morning I went to the ER and was diagnosed with knee burstitis. I called my supervisor and explained that I hav...

    James’s Answer

    Depending on the other factors, you may have a Family and Medical Leave Act claim and you should seek the advice of an employment lawyer. (FMLA is a protected right assuming that your employer has the requisite number of employees)

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