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Bruce B. Elfvin

Bruce Elfvin’s Answers

4 total

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

    For my last week of work our computer for clocking in and out was not working so I dont have much proof of what I worked but I sent my manager a text with my hours and there is a camera system set up so they could pull the video for proof of when ...

    Bruce’s 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 see an attorney.

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  • I discovered I was allergic to a process at my work and I have to quit. Am I eligible for benefits?

    I have not been there long enough to file a traditional unemployment claim (20 weeks in Ohio) but have to quit to prevent permanent lung damage. I have been seen by an allergist to confirm the allergy and it's severity and my need to remove myself...

    Bruce’s Answer

    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 treating physician may have already opened a file. You need to file a claim promptly and see an attorney that handles workers compensation cases. In Ohio the OSBA does certify Workers Compensation as a specialty area. Please seek and see counsel.

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

    I will be returning to work in mid January

    Bruce’s 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. The employer should not be able to refuse to sign your unemployment papers, but generally this is something that the state agency will send to the employer to get a response on the accuracy of the information you have provided.

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