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James Alfred Meaney

James Meaney’s Answers

137 total


  • Can a government entity simply change a job posting title to disqualify an older qualified worker?

    I interviewed for a position with a county agency in Ohio and my recruiter was told in person by the CIO that I was a perfect fit for the position, exactly what they were looking for. The job title has now been changed from "developer" to "engine...

    James’s Answer

    The short answer is no - but these matters are factually intensive and difficult to prove. So you need to visit with a local employment lawyer who can analyze the situation. This assumes you remain qualified for the position.

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  • New law in Ohio for salary workers!

    So with the new law about salary workers having to make over $47,000 I am going to salary. So I have a pay rate online that is my current salary rate at 40 hours a week. I am now being told I have to work 50 hours a week (used to only be 45 before...

    James’s Answer

    As an addition to the first answer, please note that , the duties must be truly those of an executive, administrative or professional employee. Seek counsel in your area for a closer analysis.

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  • Can I take legal action against my employer for forcing me to get medical attention while not having insurance?

    I was having stomach problems that lasted for several weeks. My employer told me that I could not continue working without a doctor release. I have no insurance,, so she told me to go to a religions hospital and hope that they write off my bill du...

    James’s Answer

    Your question does not have enough information to determine if you followed this requirement or not. But the default in Ohio is employment at will, meaning you can be terminated for any or no reason at any time, absent any sort of agreement otherwise or unlawful reasons like race/age/gender/military status discrimination or retaliation, among others, including a disability. Without more facts, it's impossible to tell whether you fit into one of those categories. Because the info does not indicate that you would be terminated (although this may be the implication) it is difficult to assess this situation. It may be best to consult a local employment lawyer to review all the facts.

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  • Do they have the right to do this or can I take them to court about this?

    I received a phone call that I was accepted the job at a college. They wanted me to come in and fill out the paperwork. On the day I was going to come in and do paperwork they contacted my cell phone and left messages to contact them as it was u...

    James’s Answer

    To add to the one response - they can do it IF there is no discrimination involved - race, age, religion, national origin, etc.

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  • How do i know if a severance package is in compliance with Ohio law

    i am the oldest person in the sales group. My sales numbers were above quota for the 1/2 year. i was the first to be let go. i have been offered a severance of one week / yr (18). From what i have read, Ohio law requires that i have to be offered...

    James’s Answer

    It is difficult to understand what you are asking and this can be a complicated area - seek out a local employment lawyer and take the paperwork to them for a review.

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  • Can my wife work for my sole LLC business, as an employee, when she has a contract saying "she cannot own a gym for 10 years"?

    I own a single member LLC business in Ohio, and I am the sole member/owner. We perform firearms training and physical preparedness classes similar to crossfit. bootcamp, and personal training. My wife works as an independent contractor for a loc...

    James’s Answer

    You need to have the contract reviewed by an employment/commercial lawyer in your area - but a 10-year non-compete is likely not fully enforceable here in Ohio ...but that does not mean the court would completely ignore it (meaning it could possibly be enforced for some number of years) the geographical scope of the non-compete is also an issue; these non-compete covenants are strongly interpreted in favor of the employee and the language here MAY be narrowly interpreted to accomplish what you want. But, you or your wife needs to see a lawyer for further interpretation.

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  • Can an employer fire me because my daughter was ill ( with a doctors note) and I missed two days of work?

    "I was fired after taking two days off work because my daughter was ill ( with a doctors note). I applied for unemployment but is there anything that I can do? Can they get away with this?" Does the FMLA Act kick in?

    James’s Answer

    It is possible that the FMLA applies - The FMLA covers employers with at least 50 employees within a 75-mile radius of where the affected employee works. To be covered by the FMLA the employee must have been employed for 12 months and worked 1,250 hours in the prior year.
    Contact a local employment lawyer to review your situation.

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  • Do I have any legal recourse if the HR dept of my former employer failed to take action when I reported working OT (unpaid)?

    I was hired as a non-exempt employee which I remained for the duration of my employment. I only discovered my rights were being violated after the HR director w/whom I was scheduled to see had to leave & pushed me off on the only other available H...

    James’s Answer

    It sounds like you have a claim - more facts are required and you need to visit with a local attorney - overtime pay is required under the Fair Labor Standards Act. The FLSA establishes minimum wage, overtime pay, recordkeeping, and youth employment standards affecting employees in the private sector and in Federal, State, and local governments. Covered nonexempt workers are entitled to a minimum wage of not less than $7.25 per hour effective July 24, 2009. Overtime pay at a rate not less than one and one-half times the regular rate of pay is required after 40 hours of work in a workweek.

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  • Is it legal or against my constitutional rights for a trucking company to install a camera inside the cab of their truck ?

    My company is taking about installing cameras in their trucks and many drivers feel that this is a invasion of privacy plus a big distraction.

    James’s Answer

    The company owns the trucks and they can install whatever they want on it or in it.

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  • Can anything be done about being placed in a high stress job position when I need low stress work?

    I have POTS, Inappropriate Sinus Tachycardia and Neurocardiogenic Syncope which require me to have low stress jobs. In Feb of this year, I was hired to do a low stress job then placed in a high stress position at the end of March. My medical condi...

    James’s Answer

    I agree with Attorney Biggerman - you may have a claim (or leverage for a change) under the Americans with Disability Act and Ohio law - but more information is required and you need to seek local counsel for a more in depth review. Good luck!

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