Brian Russell Hester’s Answers

Brian Russell Hester

Hamilton Business Attorney.

Contributor Level 10
  1. Working in Ohio for a non-profit. Required to carry an on-call cell phone every 3 weeks without compensation. Is this legal?

    Answered over 4 years ago.

    1. Brian Russell Hester
    1 lawyer answer

    What do you mean by non-exempt and exempt employees? Regardless, absent a written contract for employment (or labor agreement if you are in a union, which you likely aren't since this is a non-profit) saying otherwise, yes, an employer can do this legally in Ohio. The policy is a requirement for your continued employment there. I don't know what your non-profit does that requires someone to be on-call, but it's unreasonable to expect an employer to pay you simply because you're "on-call"...

  2. Can you be forced to work on sunday in ohio ?

    Answered over 4 years ago.

    1. Brian Russell Hester
    2. Bruce Alexander Minnick
    2 lawyer answers

    The answer is yes. Under Title VII of the Civil Rights Act of 1964, an employer cannot force an employee to work on a day if the employee has a sincere religious objection to working on the Sabbath and the employer could make a reasonable accommodation so long as it doesn't impose an undue hardship on the employer. However, the federal act doesn't apply to employers with less than 15 employees. Sorry, but nobody can really give you a bright line rule answer to your question.

  3. Is there a certain amount of money that must be owed in Ohio before a condo association can force foreclosure?

    Answered over 4 years ago.

    1. Brian Russell Hester
    1 lawyer answer

    I didn't research this issue, so I may be wrong, but I'm unaware of any legal requirement that a condo association must wait until it's owed at least $15,000 before it can file an action in foreclosure.

  4. , Let me start with the dilemma. I am a traveling Life insurance agent. Its is my job to drive around Ohio.

    Answered over 4 years ago.

    1. Brian Russell Hester
    1 lawyer answer

    Generally speaking, you may want to retain a lawyer to fight the speeding ticket to avoid the twelve point suspension. In the meantime, before you get your twelfth point conviction, you can enroll in a remedial driving course approved by the Director of the Ohio Department of Public Safety, if you complete it before the 12th point is assessed, then you can apply to have two of your points on your licenses credited. See, R.C. 4510.037(C)(1). Also, an attorney may be able to convince the State...

  5. I want to know what steps to take to apply for ohio statute 2923.14 relief from weapons disability

    Answered over 4 years ago.

    1. Brian Russell Hester
    1 lawyer answer

    The statute you cited explains the process well. You have to file a civil complaint in your Court of Common Pleas that complies with the requirements described in the statute you cited, pay the filing for a civil complaint, name the State of Ohio as the opposing party and serve a copy of the Complaint on the county prosecutor. If you are unsure how to proceed, retain an attorney, especially one that may have experience in such petitions. I'll tell you that you shouldn't be surprised to...

  6. Is it mandatory to appear in front of a grand jury as a witness in the state of Ohio?

    Answered over 4 years ago.

    1. Brian Russell Hester
    2. John Leif Fossum
    2 lawyer answers

    Agreed with John. We don't have enough of the right information to make a determination if you have grounds to fight the subpoena (which would require a Motion to Quash, do not simply ignore it.) You do not have a right to have your attorney present during your testimony to a grand jury because those proceedings are required, by law, to be secret. Therefore, you need to consult with an attorney beforehand and explain the situation as best you can so you know whether you need to assert any...

  7. I got an OVI in Ohio yesterday morning. Its my first and only. How huch better are my odds if I decide to hire an attorney.

    Answered over 4 years ago.

    1. Jeffrey Charles Meadows
    2. Brian Russell Hester
    3. Theodore W. Robinson
    3 lawyer answers

    As usual, I agree with Meadows... :) You have three attorneys saying your odds would be better with an attorney. That's not as strong of a statement as it sounded in my head. But you need an attorney who can properly use the facts of your case to maximum benefit and file the necessary Motion to exclude all evidence from what sounds to be an unjustifiable stop. Did you submit to a breath test? An attorney can also assist you in getting limited driving privileges during any mandatory...

  8. Where can i find the Ohio revised code book (criminal) to buy?

    Answered over 4 years ago.

    1. Brian Russell Hester
    2. Mitchell Mead Wells
    2 lawyer answers

    First, the Ohio Revised Code is Ohio's statutory law. It's unlikely to provide the answers you seek. You're asking questions that is best answered in reviewing Ohio's case law (appellate decisions.) Your questions suggest to me that your son is in jail, and not SOCF in Lucasville. So, I'm presuming that means he's awaiting trial. Your son should have court appointed counsel if he cannot afford an attorney. These are the kind of questions your son's attorney should be giving him answers...

  9. Is a 3 day notice given on Facebook legally enforcable or even legal at all?

    Answered over 4 years ago.

    1. Brian Russell Hester
    2. Andrew Daniel Myers
    3. Alan James Brinkmeier
    3 lawyer answers

    No, that's not legal notice under Ohio's Landlord-Tenant Law, R.C. 1923.04, which requires service by either certified mail, return recipt request, or by serving you personally, or posting it conspicuously at your residence or leased premises. Facebook is not recognized under Ohio's law as a means of serving a Notice to Vacate Premises. Failure to comply may give you grounds to have the court dismiss the action (however, the landlord can refile once he complies with the required service).

  10. I am facing eviction in about 2 weeks from an apt. that I have rented for @15 months the original landlord was forclosed on

    Answered over 4 years ago.

    1. Brian Russell Hester
    2. Jeffrey B. Lampert
    2 lawyer answers

    Mr. Lambert is correct. There is a recently enacted federal statute that has additional requirements when the situation is due to a bank foreclosing against the landlord. You will eventually have to move. The bank, or the party that purchases the property after the foreclosure proceedings, is not required to honor your lease. Your first hearing should be what's called a "First Cause" hearing. It's a short trial hearing that requires the calling of witnesses and evidence. At the...