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Neil Scott Rubin
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  • My daughter had taken our car and i asked her to return it by friday and she didnt so we called police.they called her.

    and had her return it volutarily ,she did but charged her with a M1 charge.I dont believe it had to go that far and dont believe she needs to go to jail.I spoke with P.D and told them this.Do i have to testify or can i refuse.She is enrolling in t...

    Neil’s Answer

    Please understand that in Ohio, the police are the legal complainants, NOT the victims. There is no such thing as the victims "not pressing charges". This is a TV fiction. Certainly you can speak to the prosecutor and attempt to persuade him/her not to pursue the case but there are certainly no guarantees. As for testifying, if it goes this far and if you are served a subpoena, you will be compelled to testify truthfully or be held in contempt. Hopefully this can all work out but she needs a lawyer now.

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  • Can my company schedule me to work 48 hours one week and 32 in 2nd week of a pay period with no overtime?

    I regularly get scheduled to work 6 days one week and 4 the second week of a pay period. My paychecks pay for 80 hours of regular time even though I worked 48 hours in one week. Also if a pay period had a paid holiday (Christmas, July 4th, et...

    Neil’s Answer

    If you are a non-exempt employee, the general answer is "no". Once you hit 40 hours in one week, overtime accrues and must be paid. There are a few exceptions depending on what your tasks are. (eg. IT work, healthcare). Paid holidays do not count for hours worked in the weekly overtime calculation.

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  • Can I do anything about a past employer who discharged me and then immediately contacted a stranger about it?

    Once I was discharged violently from my job, the employer immediately called the daughter of one of my good friends and told her all about it. Employer recommended that the daughter tell her mother to come get me from a remote island location. I t...

    Neil’s Answer

    Your facts are intriguing but not detailed enough for me to provide an answer. What your employer has done is not "illegal" but there are some possibilities for legal recourse concerning the law of defamation and maybe even civil assault. Sometimes these types of things can be put to bed quickly by a letter from an attorney. It would be indicated to hire one to look at the case.

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  • Should my lawyer have all the details of a DUI case before the the pretrial?

    Like video, checkpoint info, breath machine info etc.

    Neil’s Answer

    The take-home message as you can see from my colleagues is "it depends". Every municipal court/municipality works differently. This makes it important for you to hire an attorney who has experience with that particular court. Sometimes, there is quick cooperation, sometimes not. As an aside, this fact is what makes criminal defense so difficult. There are lots of rules to follow depending on where you are and they change.

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  • Have my privacy rights/HIPPA been violated when my boss talks to fellow employees regarding my short term leave?

    I had a miscarriage in May. My boss contacted my neighbor who also works at the same employer to obtain my home address to send flowers and discussed my miscarriage with her instead of obtaining my address from HR. When I contacted the employee re...

    Neil’s Answer

    Further to my colleagues, HIPAA regulates "covered entities" meaning hospitals, doctors offices, therapy centers, and those that bill for them etc. So, relatively speaking, very few companies are governed by HIPAA. So, if the disclosing person does not work for a health care organization, there is no violation. There may be some other, causes-of-actions like invasion of privacy, but there are not enough facts to determine.

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  • Can an employer demote me and cut my hourly pay and not offer unemployment as an option in Ohio?

    I have not been in any kind of trouble at work, I am a supervisor. I'm on time, and I work over to support our clients when needed. There have been no warnings or disciplinary actions taken.

    Neil’s Answer

    The employer does not make the decision whether to award unemployment compensation. The Ohio Department of Job and Family Services does. The employer may CHALLENGE it but if there was not "just cause" (the ODJFS definition) to terminate you then you will get unemployment. That said, one does not receive unemployment if still working at a job regardless of a demotion. There is something called "constructive discharge" but it's almost impossible to prove. So, do not quit. Otherwise, you will not get unemployment. Your choice now is to accept the demotion or find a new job.

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  • Can I sue my old employer for unfair business practice?

    The company I worked for payed me bi weekly on a salaried wage. I do not met the exempt status for salaried employees. I wasn't paid any overtime over 40 hours worked. Also I previously worked for the same company which I was paid bi weekly on an ...

    Neil’s Answer

    • Selected as best answer

    Legally this is not an "unfair business practice", but it could very well be a violation of both federal and Ohio law which could result in a nice judgment for you. More details are needed for an experienced employment attorney to analyze the circumstances. Best to act soon because the look back period for the violation is normally only two years. You can find a good employment attorney in your area at www.oelasmart.com.

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  • In Ohio. Employer's headquarters is in another state. Job has become stressful and I need to decide if I should leave or not.

    Placed on a performance plan for 3 months. Only 6 weeks have passed. Two key parts: 1. Take company's management course online. However, the virtual class ils led by an instructor, & not scheduled to take place yet or in the future. I've signed up...

    Neil’s Answer

    Do not resign. If you do, you have no chance of unemployment compensation. Also, if you resign without having another job, the prospective employer knows what's going on anyway. It is much better to have a job to go to and not have a gap in your employment history. In today's business environment, people are getting terminated all the time. There is very little loyalty left in the working world. (Also, to answer your first questions, employers can tell you things they have not or will not do. Nothing illegal about this when you are an at-will employee. Unfair, sure, but we are not talking about what is fair.)

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  • Can I be somehow fired from my work place for being transgender ?

    I'm transgender and work doesn't know yet and I'm afraid if thay find out I'll loose my job. The owner of the shop is very religious

    Neil’s Answer

    As counsel said, there is not yet any specific protection for transgender persons in the State of Ohio. The law always develops slowly in response to the changes in society. There could be some ancillary protection in civil rights laws but unfortunately, my advice at this time would be to keep this a secret even though it is grossly unfair.

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  • What am I entitled to when fired from an employer? Was fired because I didn't share another employment opportunity with them.

    I was approached by another company in mid-april and accepted their offer via email on 5/27 with a signed date of 6/15 because I wanted to discuss the details with my current employer before exiting. That original meeting was scheduled for 6/1 bu...

    Neil’s Answer

    If you worked the time you must be paid for the time. However, the employer need not provide any compensation for PTO you have earned absent a discriminating purpose. You could start with a complaint to the Ohio Hour and Wage Division of the Department of Commerce and the Attorney General's Office. That might get your former employer's attention.

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