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Elizabeth Sarah Loring

Elizabeth Loring’s Answers

42 total


  • Denied over time pay

    I work for a security company and constantly work over 40 hours at 11.50 an hour. My company refuses to pay me and told me they're going to take away my last 21 hours of overtime and just put me on a salary I never agreed to. Is there anything i c...

    Elizabeth’s Answer

    It sounds as if your employer had you classified as non-exempt (hourly) and is trying to change that status without changing your job responsibilities. Whether you must be paid overtime as an employee primarily depends on the nature of your job and job duties, so I would need much more information to accurately assess your rights. If you were hourly and they now refuse to pay you overtime earned while you were hourly, you are entitled to be paid for that time. You should talk with an experienced employment attorney about both issues.

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  • My employer is withholding my last paycheck for "charting corrections". Can they do this?

    My former employer (ended on 12/31/14) is holding my paycheck. They cancelled my direct deposit for my check on Jan 2nd and I had to go into the office and perform 2 hours worth of "Fixing charts" to get said paycheck. They also shorted me a few...

    Elizabeth’s Answer

    If you are paid as a regular hourly or salary employee, they cannot withhold your check in Ohio for that reason. If you are a regular hourly employee, they must also pay you for the additional time spent charting. As for whether you are violating any professional code by charting after your employment ended, that would be a question for your nursing board.

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  • Pregnancy difficulty, employer forcing me to work

    I am 8mo pregnant having issues with my very physical job. My drs will not put me off work as i have no complications. My employer will either terminate employment if i miss work or i have to resign. I cannot physically do my job and they are givi...

    Elizabeth’s Answer

    I am sorry you are having difficulties. It is hard to give any quick advice without additional information, but generally speaking your unemployment may be affected if you resign, unless you can prove you were forced to resign. Whether or not you have legal protections depends on many factors, including circumstances of your employment, the size of your employer, and how they treat others who miss work for medical reasons. You should consult with a knowledgeable employment attorney as soon as possible regardless of the outcome, and you should not sign anything that affects your right to take legal action without reviewing it with an attorney.

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  • When using fmla, is it lawful to strongly suggest or require the lost time to be made up?

    I have a chronic illness that requires me to miss work when flare ups occur. I am granted 4 fmla days a month for my illness. I'm now being asked to make up that time when I do miss. Is this even legal?

    Elizabeth’s Answer

    Based on what you describe, no way. At the very least, you should try to get this straightened out through HR. If that does not work, or if you experience any retaliation for trying to get it straightened out, then definitely seek an attorney's advice immediately.

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  • My son is a waiter and recently had surgery on his left hand and now has a cast . He is right handed .

    His boss is now telling him he can not wait tables with a cast because customers will think it is gross. What is his legal rights?

    Elizabeth’s Answer

    More information would be required regarding his work and condition, but if the surgery was related to a work-related injury or condition covered by the ADA, there may be some legal protection available to him. He should consult with an employment attorney to find out what his rights are. He may also be eligible for unemployment if he is able to work but not allowed to do so by his employer.

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  • My job put me on a LOA and then canceled my insurance and terminated me without me knowing anything about it. Is that legal?

    my job put me on a LOA because they said they could not accommodate my work restrictions from a doctor. I have been on LOA for a few months now. they said that i could get disability and then they said they sent me a certified letter saying they t...

    Elizabeth’s Answer

    It is possible that you were placed on leave and terminated unlawfully under state and federal disability laws. A lot would depend on exactly what your accommodations were and their ability to work with you on them. Furthermore, if you applied for disability insurance benefits, that may impact your potential claims and your ability to receive health insurance. You should consult with an experienced employment attorney soon. Feel free to contact me to schedule a consultation.
    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

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  • My EEOC case is pending without any further information. What do I do?

    My employment discrimination and retaliation claim was pending for agency's decision for about 5 months. When I received investigation report which took 9 months long, the report said agency's decision would be issued in 2 months and did not menti...

    Elizabeth’s Answer

    Typically you can request a dismissal in the form of a Notice of Right to Sue after the investigation has been pending 180 days. Once the charge is dismissed, you will have 90 days in which to file a federal lawsuit for the claims covered by the charge. An experienced employment attorney will be able to help you obtin information from the EEOC about your case and evaluate your case for litigation. Please feel free to contact me for a consultation.
    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 a job fire me for taking and calling off due to a I'll child if I have documation that they were seen in the emergency?

    I have a son who has a medical condition which entails me taking him to the ER when ever it is needed. Now my employment is telling me that if I call off again due to this that I may/can be termated for having to call off due to my son. Is this ab...

    Elizabeth’s Answer

    If your employer is subject to the FMLA, you should be able to apply for job-protected intermittent time off under the to care for a minor child with a serious health condition. You need to request that leave as soon as possible, which will require a certification from your son's physician. Best of luck, and be sure to contact an experienced employment attorney if you continue to have problems.

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  • Can I sue my work

    I was working for a daycare before I took a leave of absence due to knee surgery. They keep looking for a reason to fire me but do not have any. I was suppose to come back to the same position an hours and not being offered any hours and in fact b...

    Elizabeth’s Answer

    It may be that your employer is violating disability or medical leave laws forbidding retaliation for taking medical leave or accommodating a disability. If your injury is work related then that may be an additional claim. You should contact an experienced employment attorney immediately who may be able to prevent or dispute your termination. Feel free to contact me via our website for a consultation.

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  • When interviewed for a job can he ask about my health like surgery dates and problem and about workers comp claims? Thanks

    He was asking questions about when i had my surgery and was it workers comp and if i settled with them.He ask a lot of things nooned ever ask me before.

    Elizabeth’s Answer

    I agree - if you do not get the job, then you should consult with an employment attorney. You may have claims under disability and workers' compensation laws for failure to hire.

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