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Elizabeth Sarah Loring

Elizabeth Loring’s Answers

42 total

  • Is this legal?

    My girlfriend is an assistant manager at Wendy's. She is a hourly employee and is often called by other managers and employees alike whenever anyone has a question or issue. Her boss is the GM and is on salary, she regularly tells others in the st...

    Elizabeth’s Answer

    If she is performing work for the company and she is an hourly employee, then legally she should be paid for the time she spends performing that work, regardless of where she is. Depending on her relationship with the manager, she may want to simply ask to be paid for that time, in writing if at all possible. An experienced employment attorney will be able to help your girlfriend decide whether she is entitled to additional wages and how much she may be entitled to, as well as guide her through options of how to handle the situation. Regardless, she should keep careful records of the time she spends taking those calls in the event she needs to prove how much she may be owed.

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  • Is it legal to be forced to work with a manager and their spouse?

    I work for a Taco - Bell franchise in which we recently received a new General Manager from outside of the company. This manager also brought their spouse in with them and shows blatant favoritism to them. In spite of myself being passed up for th...

    Elizabeth’s Answer

    • Selected as best answer

    It is not unlawful per se in Ohio to favor a member of one's immediate family in an employment situation, but it is unlawful to favor an employee becuase of a sexual relationship, which presumably the husband and wife have. Your situation is complicated, and you should consult with an employment attorney whether or not you are terminated. In addition, if you are not terminated and have not done so already, complain in writing about the situation and refrain from any further infractions regardless of your frustration.

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  • Suspended without pay until further notice.

    My situation is that I was “suspended without pay” until further notice. I’m a minority shareholder in Ohio so I recognize that I’m not an at will employee. The suspension occurred without any notice or warning or protocol and the letter stated ...

    Elizabeth’s Answer

    Your employment situation is clearly complex, although I would generally characterize an employer's failure to compensate you or provide you with work as a termination under most circumstances. You need to consult with an experienced employment attorney well-versed in executive and shareholder compensation who will review any applicable agreements and advise you as to your rights under both employment and business law.

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  • Can I collect unemployment if I was fired from my job? How do I explain what happened when applying for unemployment?

    I believe it was wrongful termination and due to my being an older worker. I have worked there for three years, did nothing wrong and have been doing everything that I was suppose to do. I also believe that I was treated differently from the oth...

    Elizabeth’s Answer

    You should answer all of the questions honestly, so if you feel like your age is the reason, then it is fine to say so to ODJFS. However, they will likely be more interested in your ability to refute the reasons why the company is saying they fired you.
    If you believe you were terminated becuase of your age, you need to consult with an attorney who specializes in employment law as soon as possible. Your time to pursue a claim of age discrimination will eventually expire.

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  • I am 65 & been severed from my job. Would like to know what lawyer would review the severance agreement for about $300.

    Would also like to discuss age discrimination related to the above but that could be another session, what would that fee run?

    Elizabeth’s Answer

    I am happy to do both for our standard consultation fee, which is under $300. Please call Freking & Betz at 513-721-1975 and ask to be set up for a consultation with me as soon as possible. You likely have ony 21 days to decide whether to sign the agreement.

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  • Can my employer deny me returning to work after I've provided a "Return to Work" slip?

    I recently received radiation treatment. There were many restrictions for the first week after the treatment. After 12 days, my physician gave me a return to work slip with the only restriction being that I limit contact (within 3 feet of others) ...

    Elizabeth’s Answer

    Your employer is probably required to provide any reasonable accommodation of your cancer under Ohio and/or federal law. You may also be eligible for FMLA leave, depending mostly on your time with the company, number of hours of worked this year, and your employer's size. Disability accommodations and medical leave are very complicated areas of the law. You need to consult with an experienced employment attorney immediately so that you know what your right to work is under these circumstances.

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

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

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  • WAS UNFAIRLY FIRED, HAD MEDICAL ISSUSE WHERE EMPLOYER ALMOST COST ME MY LIFE

    IN MAY OF 2011 I HAD MEDICAL ISSUES WITH MY DIEBITIES AND WAS SICK ONE DAY AND WAS JUST ABOUT REFUED MEDICAL TREATMENT UNTILL I INSISTED, AFTER GETTING TO HOSPITAL 15MINUTE AFTER LEAVING WORK MY SUGAR WAS 556, I COMPLANED ABOUT IF SOMETHING WOULD ...

    Elizabeth’s Answer

    It is unlawful for an employer in Ohio to terminate you because of a disability, and diabetes is generally condiered to be a disability. However, you have a limited amount of time to preserve some of your potential legal claims. You need to consult with an employment attorney immediately.

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

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  • Is it right to fire a employee while off on workers comp?

    My job sent my a letter telling me I was fired and stated in the letter that i was fired because of my medical. I still have the letter.

    Elizabeth’s Answer

    It is unlawful in Ohio for an employer terminate, demote, or otherwise take punitive action against an employee for filing or otherwise pursuing a workers' compensation claim. You have a very short period of time - only 90 days - to take the steps necessary to preserve a claim for workers' compensation retaliation, so please see an experienced plaintiff's employment law attorney immediately.

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  • Is it beneficial for me to report my employers' lack of overtime reporting and compensation?

    We are currently short handed at my gas station job. We are owned by a small corporation, less than 1000 employees. Regularly my co-workers and I will come in early, up to an hour, and stay late, as much as 2 hours on occasion. I would guess that ...

    Elizabeth’s Answer

    Ohio employers of your company's size are obligated to pay their hourly workers for every hour worked and overtime of time-and-a-half for any hours over 40 worked in a week. You have the right to be compensated according to the law whether or not there is a videotape. You may be underpaid in violation of Ohio and federal wage laws. I strongly encourage you to seek the advice of an experienced employment attorney as soon as possible, especially because the time available for you to recover past lost wages could be limited to two years. The attorney will evaluate your case and tell you whether further action is advisable or necessary. Be aware that wage laws generally offer protection against retaliation for workers who complain that those laws are not being complied with.

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  • What type of lawyer do I need for a defamation of character lawsuit?

    I am in customer service and sales - my company hires an outside source to come into my store to pose as potential customers. This person got day and time wrong - stated clear untruths about my walking past her to lock a door in her face and make...

    Elizabeth’s Answer

    In Ohio in most private contexts, statements are defamatory if they are untrue and negligently or maliciously made. However, pursuing a lawsuit against a private individual making low wages as a secret shopper may not be worth the trouble. You would also have a difficult time quantifying in money damages how much your reputation is damaged if this did not result in a termination or demotion. Your best bet is probably to rebut the allegations internally in writing with a copy of the security tape and to retain a copy of your rebuttal.

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