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Elizabeth Sarah Loring

Elizabeth Loring’s Answers

42 total

  • If an individual is off work due to a medical condition (i.e. surgery) are they eligible to file for unemployment ?

    Foot surgery the end of July 2012. took FMLA from my job, received Short Term Disability for 10 out of the 12 weeks of FMLA, had complications from surgery and am unable to return to work and will possibly require a 2nd surgery. Requested personal...

    Elizabeth’s Answer

    In Ohio, you must be able to work to collect unemployment. Based on the facts you have provided, it sounds as if you are unable to work, therefore you will not qualify for unemployment.
    Elizabeth S. Loring, Esq.
    Freking & Betz, LLC
    525 Vine St., 6th Floor
    Cincinnati, OH 45202
    tel: 513.721.1975
    fax: 513.651.2570

    70 Birch Alley, Suite 240
    Dayton, Ohio 45440
    937-306-6486

    See question 
  • If my boss has a child with one of my co-workers, and now that co-worker is over the schedule, is that legal?

    My boss is now the Regional manager over the company. I recently stepped out of management due to his behavior and nature. I was running 75% of the state and working on the road putting in 60-80 hrs a week and was unable to do my job correctly see...

    Elizabeth’s Answer

    If you are female and your manager is treating another woman better than you because he has or used to have a sexual relationship with her, that could be a form of sexual harassment. It is unlear from your question how he has treated you unfairly in comparison to the woman with whom he had an affair. You should consult with an employment attorney to determine whether you have a legal claim and what recourse you might have.

    Elizabeth S. Loring, Esq.
    Freking & Betz, LLC
    525 Vine St., 6th Floor
    Cincinnati, OH 45202
    tel: 513.721.1975
    fax: 513.651.2570

    70 Birch Alley, Suite 240
    Dayton, Ohio 45440
    937-306-6486

    See question 
  • Are there any reputable attorneys in Ohio that arent afraid to take on sexual harrassement cases against large companies?

    The EEOC tells me that large companies have ways of covering things up even when it comes to retaliation.How much proof do you need that you are getting retaliated against? My timeline goes on and on.

    Elizabeth’s Answer

    I am not sure who at the EEOC is giving you this advice or why, but they are most likely not an attorney. Just because you don't have an actual witness or a "smoking gun" document doesn't mean there is no proof or an attorney won't take your case. A good employment attorney will evaluate your story and timeline in a thorough consultation and then decide whether to take your case. As for the size of the company, our firm's attitude is that the size of the company has no relevance. We have filed suit against Coca Cola, Ohio State, Astra Zeneca, Home Depot, Protor & Gamble and GE, to name just a few.

    Elizabeth S. Loring, Esq.
    Freking & Betz, LLC
    525 Vine St., 6th Floor
    Cincinnati, OH 45202
    tel: 513.721.1975
    fax: 513.651.2570

    70 Birch Alley, Suite 240
    Dayton, Ohio 45440
    937-306-6486

    See question 
  • If you are under a doctors care or you have a medical emergancy can your employer take any of your vacation time away ?

    i had a kidney stone and had trouble passing it so the doctor gave me 3 days off and my employer took 3 days vacation ffom me .

    Elizabeth’s Answer

    This is probably legal. Even if your absence qualified as FMLA leave, your employer generally can require you to exhaust your vacation, sick, PTO etc. simultaneous to your leave. A possible exception would be if your employer is not forcing others with non-medical issues to use vacation time for absences of similar duration.

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  • Are there any employment lawyers willing to work on contingency?

    I am a federal employee with 20 years service and no issues until I had to file a complaint against my current supervisor/manager for discrimination. I did not win the complaint; however, I was terminated a month after receiving the Judge's decisi...

    Elizabeth’s Answer

    Your case sounds complicated factually, but I gather you were terminated after losing your EEO hearing. If that is the true, then an employment attorney might be willing to take your case on a contingency, but the decision is generally based on the strength or weakness of the potential legal claims and your lost wages. That cannot be determined without a thorough consultation. Please feel free to contact me to discuss a consult, and mention I responded to your post on Avvo.

    Elizabeth S. Loring, Esq.
    Freking & Betz, LLC
    525 Vine St., 6th Floor
    Cincinnati, OH 45202
    tel: 513.721.1975
    fax: 513.651.2570

    70 Birch Alley, Suite 240
    Dayton, Ohio 45440
    937-306-6486

    See question 
  • Is a non-compete clause still in effect if the employer's contract with a corporation as a sub-contractor is allowed to expire?

    What if the said employer can no longer fulfill his contract to employ his employees?

    Elizabeth’s Answer

    Every non-compete agreement is different, so you really won’t know unless you seek the advice of an attorney who reviews the entire agreement and consults with you in depth regarding your circumstances. Even if you are terminated, that does not automatically mean that the non-compete is invalid in Ohio. Regardless, it is especially important to have a lawyer review your non-compete prior to taking any further action, such as applying for jobs that may violate the non-compete. A good employment lawyer will tell you what you can and cannot do under the agreement, and might be able negotiate your way out of the non-compete or minimize the restrictions.

    Elizabeth S. Loring, Esq.
    Freking & Betz, LLC
    525 Vine St., 6th Floor
    Cincinnati, OH 45202
    tel: 513.721.1975
    fax: 513.651.2570

    70 Birch Alley, Suite 240
    Dayton, Ohio 45440
    937-306-6486

    See question 
  • What kind of lawyer do I need

    I am having an retailation problem stemming from a WC claim. I was seriously injuired on the job at a local ski resort that was owned by a large coperation. Afer my accident I left that job for another ski related job at a privately owned resort. ...

    Elizabeth’s Answer

    It is unlawful in Ohio for an employer to terminate, refuse to hire, or take other retaliatory action against you for pursuing a workers' compensation claim against them. If you settled your workers' compensation case before you were fired, any claims related to your termination should survive. However, Ohio has very strict notice and filing time limits on workers' compensation retaliation claims - as short as 90 days from your termination. You need to see an experienced employment attorney without hesitation.

    Elizabeth S. Loring, Esq.
    Freking & Betz, LLC
    525 Vine St., 6th Floor
    Cincinnati, OH 45202
    tel: 513.721.1975
    fax: 513.651.2570

    70 Birch Alley, Suite 240
    Dayton, Ohio 45440
    937-306-6486

    See question 
  • Can I fire an employee who hasnt even finished training because they did not list convictions on application?

    Thank you

    Elizabeth’s Answer

    The old answer used to be an automatic yes, provided you are applying the same standards to everyone, and lying on an application is still a valid reason to terminate someone under most circumstances. However, the EEOC has issued new guidelines about whether employees can use conviction questions on applications to eliminate applicants, stating that a blind adherence can implicate race discrimination. The EEOC has been aggressively pursuing these cases. You should consult with a knowledgable employment attorney both about this circumstance and about how the company uses this information in the future in considering applicants.

    Elizabeth S. Loring, Esq.
    Freking & Betz, LLC
    525 Vine St., 6th Floor
    Cincinnati, OH 45202
    tel: 513.721.1975
    fax: 513.651.2570

    70 Birch Alley, Suite 240
    Dayton, Ohio 45440
    937-306-6486

    999 18th Street
    Denver, Colorado 80202
    303-357-2355

    See question 
  • Can I remain friends with a client after termination of job?

    I signed a non compete agreement with my former employer. In there it specifically states that I am prohibited from any contact with clients after termination of the agreement. Can I be sued for remaining friends with clients after termination?

    Elizabeth’s Answer

    It is not possible to answer your question without actually reviewing your agreement and having an in-depth conversation about the nature of your contact with the client. Many employers defend non-competes aggressively, so even if their prohibition against any contact is ultimately proven to be unenforceable, that may not stop your former employer from jumping to conclusions and initiating expensive litigation against you. Regardless, you need to have an experienced employment lawyer review your non-compete to ensure you know exactly what it allows and prohibits and, if the provisions are unreasonable, negotiate with the company for more reasonable terms.

    Elizabeth S. Loring, Esq.
    Freking & Betz, LLC
    525 Vine St., 6th Floor
    Cincinnati, OH 45202
    tel: 513.721.1975
    fax: 513.651.2570

    70 Birch Alley, Suite 240
    Dayton, Ohio 45440
    937-306-6486

    999 18th Street
    Denver, Colorado 80202
    303-357-2355

    Regardless, you need to have an experienced employment lawyer review your non-compete to ensure you are not violating it in any way or, if the provisions are unreasonable, you can have the company agree on more reasonable terms.

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  • Can a person be terminated while on approved medical leave?

    My husband has been off work since 11/28/12 recovering from surgery. He was approved for medical leave and was told he would be paid while recovering. he received termination letter via certified mail stating as of December 31 his services were n...

    Elizabeth’s Answer

    It is unlawful to terminate an employee for taking FMLA leave. Not all employees are eligible for FMLA leave, however. Also, if your husband's leave and surgery are disability-related or due to a workers' compensation injury, his employer is not legally allowed to retaliate against him for taking the leave. You need to consult with an experienced employment attorney as soon as possible, because there are important time limitations on some of these potential claims.

    Elizabeth S. Loring, Esq.
    Freking & Betz, LLC
    525 Vine St., 6th Floor
    Cincinnati, OH 45202
    tel: 513.721.1975
    fax: 513.651.2570

    70 Birch Alley, Suite 240
    Dayton, Ohio 45440
    937-306-6486

    999 18th Street
    Denver, Colorado 80202
    303-357-2355

    See question