Bruce B. Elfvin’s Answers

Bruce B. Elfvin

Cleveland Employment / Labor Attorney.

Contributor Level 5
  1. I discovered I was allergic to a process at my work and I have to quit. Am I eligible for benefits?

    Answered almost 3 years ago.

    1. Michael H. Gruhin
    2. Bruce B. Elfvin
    2 lawyer answers

    Without working the minimum number of weeks to qualify for unemployment benefits with this employer, your eligibility may depend upon whether or not your employment history would qualify you for benefits. I would recommend that you at least electronically file with the ODJFS to see whether or not you are entitled to any unemployment benefits. I also believe that having a physically disabling condition acquired at work raises issues related to a workers compensation claim. In fact, your...

  2. What should I do if my employer did not pay me in full for my last week of work?

    Answered almost 3 years ago.

    1. Bruce B. Elfvin
    1 lawyer answer

    Unless the employer is very small you are entitled to receive minimum wages under Federal Law, the Fair Labor Standards Act (FLSA). Even though your claim is small many employment lawyers will take a smaller FLSA case as the attorney fees are generally required to be paid. You should see an employment lawyer near you that takes FLSA cases. If the employer is not covered or there are other reasons that place your employment in one of the exemptions you can still file a small claim, but first...

  3. As a security gaurd I am temporarily off work due to the school closing. Can my employer refuse to sign my unemployment papers?

    Answered almost 4 years ago.

    1. Bruce B. Elfvin
    1 lawyer answer

    I am not completely certain how Tennessee works its unemployment compensation system, but even temporary layoffs due to shutdowns will generally allow the employee to apply for and collect benefits. You need to contact the state agency and apply the employer is obligated to file wage information each quarter and respond to the agency. You may not be eligible for a short period, in Ohio it is the first week, and you may have to seek other employment during the period that you receive benefits....

  4. Is management allowed by law to deny it's employee the ability to leave work early to pick up a sick child from school?

    Answered almost 4 years ago.

    1. Bruce B. Elfvin
    1 lawyer answer

    The question you raise has several components, first would be to determine whether or not you are eligible for FMLA leave. There are requirements for minimum work hours in a year, maximum of 12 weeks (which can be intermittent) and number of employees for the employer. Assuming these are all met you can request intermittent leave to care for a sick child. Where both you and your spouse work for the same employer, it may present opportunities for the employer to abuse the rules. The FMLA has...