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James Patrick Langendorf

James Langendorf’s Answers

28 total

  • My question, is can my job make me be on-call without compensation? Can it be counted against me if I don't call?

    I work at a retail store. Along with regular scheduled shifts we are also put on-call. Technically this is considered a day off but we will still be scheduled for a shift time for example 6pm to 930pm. During these on-call shifts we are required t...

    James’s Answer

    If you make yourself available to work any day, then an on call day is just a possible workday. No harm if you're scheduled. You know if you have to work an hour before you are scheduled, so it's not an all night wait, wondering. If you give advance notice of a need for time off, for a vacation, or event, then you wouldn't likely be scheduled either regularly or on-call. Again, no harm. You haven't lost anything. It's probably a bit maddening, but it's not unlawful in this instance.

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  • What happens when your employer refuses to pay overtime?

    My employer does not pay overtime. We are all paid straight time and given multiple checks from his various companies. I even received multiple w2's for this, and I never filled out a w4 for the other companies nor did I ever do any work for them....

    James’s Answer

    Employment lawyers like me love these cases. Call one. It can be very rewarding for you and the lawyer.

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  • Do I refuse the pay cut? Can I get unemployment if I decline and step down? Can I get severance pay?

    Employment Question. 3 years ago I was lured to change employment from a large cincinnati auto dealership to a medium size dealership that showed growth and promise. I have spent the last 3 years growing the business and have exceeded all expec...

    James’s Answer

    If I was making a lot of money under a contract, and the other party to the contract wanted to break that dear and sting me in the process, then I'd contact someone I trust to see if they knew a good lawyer in my area that could help. I sure wouldn't cast questions about my legal rights out to the internet and hope for an answer. How would I know if the answer was worth anything? I wouldn't and neither would you. You get what what you pay for. Sometimes good and hard. Call the Cincinnati Bar Association and ask for a referral. Or ask a friend in business.

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  • What proof does the employer need to fire me or me to prove invalid?

    Potential wrongful termination. What do I do as an employee as far as proof it is not valid. But instead a hostile work environment by the supervisor? I have over 30 documented incidents and names of witnesses (although hesitant due to their conc...

    James’s Answer

    Unless you work for a government entity, you probably have a claim for unpaid overtime and attorney fees. Private employers can't pay their employees in comp time. But for that, the mean boss who changes the rules may be an s.o.b., but he is not hostile under the law..

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  • Can a company make you sign papers saying that while you work for this company, you can't actively seek other employment?

    I work for an upstart company. They took over a year to come up with a handbook on best practices and what is expected, etc. Many have left (in droves) and others have been let go. A lot of us are worried about our jobs and the future of this c...

    James’s Answer

    If they promise to keep you for period of time, like a year, and they promise not to let you go except for certain agreed upon reasons, then perhaps that is an enforceable clause. More so if the restriction applies only when you are on their time, i.e., no cruising indeed.com on the company computer. But if not, then forget it. Like the others said, it's at-will as a rule. If you are worth keeping, then they'll try to keep you. If they don't care, then you go to your next job with a smile on your face. Good luck.

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  • I have yet to receive my check.

    I quit a job about three weeks ago. They don't have direct deposit. The check were issued the following Friday (I quit on a Monday) and I was told my check was mailed out that day. I also moved the weekend after I quit which was November 1st. I ga...

    James’s Answer

    Assuming you submitted a change of address form on time, then there is little reason for delay, but it happens. Your former employer may issue a new check if you offer to pay the stop-payment fee for the old check. Or, failing cooperation, you can play hard and make a failure to pay minimum wage claim. A late or non-payment violates state and federal law as of payday, and you can be entitled to wages, penalty wages, and your attorney fees. To heck with small claims.

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  • My wife is having surgery and will be out for 4 days and her employer is saying that they will cut her hours and hire

    She has worked with the company on and off for 6 years and she's had to have two surgeries in the last 3 months what is only been out of work for no more than two weeks and this next one is only going to be 4 days and they're threatening her

    James’s Answer

    If the company has 50 or more employees in a 75 mile radius and employed your wife for at least 1250 hours over the past 12 months, and she hasn't been off work for more than 12 weeks in that year, then she may have some protection. Those are the minimum FMLA requirements. I don't do free consultations. Good luck with those who do.

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  • Limited opportunities at work because I am a parent?

    I was offered an opportunity at work to bartend on certain days. I told the manager I could do it and would organize my seduce as such. I had previously completed 3/4 of the training. I asked several times when I would start, only to find out t...

    James’s Answer

    I agree it sounds unfair. The bigger question is why would you work where coworkers appear high, on drugs and falling down drunk? It sounds dangerous and unhealthy. How much training is needed to work in such a dump? Move on. There are other jobs out there. Not legal advice, just advice.

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  • Does the grandfather law include tipped employees even if they were making federal minimum wage? Can they lower me to tipped min

    I was making 8.10/hr. now they took us down to 5.10 an hour while delivering and 8.10/hr while working inside the store. I have been working for them for over 7 years and have always made federal minimum wage.

    James’s Answer

    No grandfather law. That is a strange suggestion. Did your employer say that? Sounds like your employer is treating you as a tipped employee, like a waitress, when you are on delivery. Some factors to apply, but you are probably being underpaid.

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  • Is it illegal for a company to refuse to give me a smoke break but gives other people a smoke break

    i am 22 years old and recently got a job and this one manger always gives other employees smoke breaks but every time i ask her if i can take one she refuses to give it to me

    James’s Answer

    No protection for smokers. Is it because your race or ethnicity is different than the others.

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