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James Patrick Langendorf
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James Langendorf’s Answers

14 total


  • Hospital stay got me fired

    On July 9th, I ended up in the ER for a severe anxiety attack and chest pain. They did blood work and decided to admit me because my electrolytes were terrible and at fatal levels. I just got out of the hospital today (7/13) only to find a let...

    James’s Answer

    At will doesn't necessarily excuse this action. I just filed a federal case alleging interference, retaliation and failure to give notice under the FMLA, based on facts similar to yours. If you work in a company that has 50 employees within a 75 mile radius, or is a smaller unit of a bigger company, and you have worked for 12 months over the past several years and 1250 hours in the last twelve months, then you may have a claim for relief. Call an EMPLOYMENT lawyer and find out if you have a claim.

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  • Can an employer make a rule that you cannot work at another job before coming into work at that place?

    Our employer sent an email that he would fire anyone who worked 24 hours before coming into work at that place of employment.

    James’s Answer

    Yes. But who would want to work for a guy that thinks he owns you? Unless we're talking about flying or operating dangerous equipment, or exploding things. Then I'd sympathize. Take your talent and work ethic elsewhere. Life is too short to be treated like somebody's property.

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  • I am being paid less then my co-worker what do I do we both have different positions I been there over a year co-worker only 9m

    my starting pay rate in 04/2014 was $8.50hr with experience as of now I have been at my job over a year as a floor sales rep and only make $8.50hr still. a co-worker of mind that is a cashier starting pay unknown with no experience but has less ti...

    James’s Answer

    Floor reps and cashiers may have different duties. Do you get a commission? Is the cashier more educated or qualified than you and the others? It is easy to see something wrong when two people, otherwise similarly qualified DOING THE SAME JOB are paid differently. It's not so easy when there are different jobs and different levels of experience or training. If in doubt, first contact the Ohio Civil Rights Commission and tell them what you know. It costs you nothing and they may find you have a charge worth making. On the other hand they may tell you that there is nothing there.

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  • Want to find out information about suing my previous employer for my last paycheck.

    Resigned over a month ago and fighting them for my last four days pay.

    James’s Answer

    The Ohio Revised Code and the federal Fair Labor Standards Act generally require you to be paid at least minimum wage for your hours worked. Both laws allow you to bring an action for unpaid minimum wages AND your attorney's fees. If you worked, and you were not exempt by your occupation from minimum wages, then you have a claim for at least that much, doubled, plus your attorney's fees. Don't be taken. You have rights. Use them.

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  • Can a temporary staffing agency pay you minimum wage, if you do not provide a two week notice

    I was employed through a temporary staffing agency and my pay rate was 10.00$ an hour. After being verbally intimidated by the Vice President of the company, in front of two other employees, I contacted my employment specialist at the temporary st...

    James’s Answer

    Yeah. Federal and state statutes only protect your right to the stated minimum wage. In Ohio it's about 7.85 per hour. An employer faces minimal risk that you will come after them for the 2.15 per hour. Even for 40 hours it's less than a $100. And because you got at least the minimum wage there is no attorney fee provision available to a lawyer who might otherwise be able to help. It stinks, but it happens. Small claims will be your best bet, and even that will eat up your time and recovery. It's 35-50 bucks to file. Maybe the hostility that caused you to quit was actionable. If it was based on your race, ethnicity, gender, age or pregnancy/disability, then a lawyer may be able to help. Good luck.

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  • If unemployed from two jobs - one FT and one PT - would declining work from the PT job disqualify me from filing a claim?

    I was laid off involuntarily for the summer from my part-time job because I wanted to take the two weeks vacation I had earned from my full-time job and my part-time supervisor said I could take vacation only when she found a replacement. Since I...

    James’s Answer

    If you have union representation, then use it. But it sounds like you were fired. Either one can work when they are scheduled or they can't. If they can't, or won't, then an employer breaks no laws by letting that person go. The offer to reassign, to resolve a grievance, indicates a desire to keep the worker. By turning that down, for nothing more than a fear of retaliation, an employee probably seals their discharge. Enjoy the vacation. You've earned it. As for a claim, whether wrongful discharge or unemployment insurance, I would say the likelihood of success is vanishingly small.

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  • Can I be terminated for not shaving my beard?

    I went to two interviews. Nothing was said about me having to shave. I then worked three weeks, one day the district manager comes in and says something about my beard, the general manager says that he forgot to tell me about shaving.

    James’s Answer

    At first blush, I would agree with the "get the razor" answers. But does your employer have a grooming policy they fairly enforce? Are they only enforcing hair care against men? How about piercings? Do you have to wear a uniform? Are you interacting with the public? Is there a cultural or ethnic drive to wear a beard? It is not possible to say if your employer is acting unlawfully without a deeper dive into the facts.

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  • I do business with a partner who wants me to sign a NDNCA he has an LLC and refers to me as individually is this problematic

    My partner refers to himself as XX LLC in the NDNCA and me as XXX individually if we get into a disagreement down the line will this cause problems for me (am married / own house etc.) or will it have no effect on my assets / family members.?

    James’s Answer

    Is this really a partnership, with a partnership agreement? It sounds more like a contractual business relationship with the other guy sharing a proprietary product or service his lLLC owns with you as an individual. The non compete non disclose makes me think you aren't really "partners". If you are currently doing business as an individual, then of course the ncnda would refer to you in that capacity. It's not unusual to be unincorporated, particularly in a professional services field. But, if you want to protect your personal assets from business debts, then form an LLC or a corporation and only do business through those entities, like your "partner" is doing.

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  • How can I legally do a raffle in the state of Ohio, to raise money to pay for my college expenses?

    Im trying to raise money for school but i want it to be legal.

    James’s Answer

    Ironically you could form a non profit corporation, get tax exempt status from the IRS, and then hold raffles to fund scholarships for others; but under state and federal law you can't host a raffle for yourself. Good idea though. Maybe form a non profit then pay yourself a reasonable administrative salary to run it, give away some money and then pay for your education. Of course you could just be successful and skip college.

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  • My company has a Non-solicitation agreement that says clients cannot solicit me to leave the company to come work for them?

    But what if I leave the company on my own accord and then solicit the client to work for them as an independent contractor? Here's some of the agreement: "I acknowledge that [company has made substantial investments in recruiting and training...a...

    James’s Answer

    Sure, if you get permission from your company. If they think you will maybe send more business back to them, then they will probably jump at the chance. You could be the inside person (in their eyes). If they say no, then ask what they need to say yes. Or, look harder at the limits on time and geography. Courts don't like to keep people from making a living.

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