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James Patrick Langendorf

James Langendorf’s Answers

38 total

  • Once a work schedule is posted can the employer add hours or make changes to schedule with out consent.

    Work schedule was posted, last week. Now thet have changed schedule, had scheduled doctors appontments on those days. Now they tell me I have to work. Can they change the schedule?

    James’s Answer

    In Ohio, unless you have a contract, and you probably don't, you are little more than a subhuman cog in a wheel you can't turn. You can be moved, fired, mistreated, berated and sent home without any explanation. You aren't entitled to much more than minimum wage. Learn a skill like plumbing, carpentry, electricity, or web development. Then, go choose yourself and never work for somebody else again.

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  • Under contract, exposed to hazardous chemicals and can't get out.

    I am working for a small machine shop on the east side of Cleveland. When I was hired I needed to sign a contract that states if I leave or if I'm fired I need to pay out the rest of my 6 month contract to the company. I have learned the first mon...

    James’s Answer

    There is no way to know if your contract is enforceable without seeing it. But it seems unlikely that you would have to pay the company wages for wages they did not pay if you quit. They are saving the wages by not paying you, that's a cost avoided. It would be used to offset any wages they needed to pay someone else to do your job. Is your health or your reputation worth risking in any event? Don't waste any more time asking for free advice, go to an employment lawyer, maybe spend a hundred bucks or so, and get a useful, actionable opinion.

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  • Employer revealed name and termination reason to all former coworkers and is withholding my final paycheck. Do I have a lawsuit?

    My employer terminated me approximately 30 days ago. She revealed my name and my reason of termination to all of my former coworkers. My reason of termination was incredibly personal and humiliating. Is it legal for her to reveal this information ...

    James’s Answer

    Truth, even an ugly truth, is a defense to defamation claims. In addition to Ohio prompt pay laws, there is the Fair Labor Standards Act. It says you have to be paid minimum wage by your regular pay day. Failure to pay is a violation entitling you to back pay, doubled, and attorney fees. Of course, you have to show they didn't pay you. Pay a lawyer for a consult and get your pay.

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  • Can an emloyer reduce my wages to minimum wage on my final paycheck

    A previous employer reduced my wages to reflect minimum wage on my final paycheck. I had already worked the hours including overtime hours to reflect 18.00/hr. He stated via text that he reduced those of wages because I did not serve a 2 week noti...

    James’s Answer

    I have to disagree with my colleagues. Unless you had a contract for an hourly amount, the only amounts your employer was obligated to pay were minimum wage for the regular hours and 1 1/2 times minimum for the overtime hours. You could say he promised to pay you a certain amount per hour, and then broke that promise, but that's a contract claim. And in an at-will job, there is no contract. It's not a FLSA violation or an Ohio wage and hour act violation so I doubt one could recover attorney's fees. And the damages of +\- $400 make it economically undesirable for all but the most desperate attorney. Try small claims court.

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  • Is a former place of employment allowed to take money out of your last paycheck

    Upon receiving my last check from my former employer I seen that they took almost $300 out of my check are they legally allowed to do that without going first through the courts

    James’s Answer

    I see in the tags above that "theft" is highlighted. Employers can deduct theft damages from your pay without violating any law that requires wage payment. It's a narrow exception to the wage and hour laws, but it is there for good reason. Other deductions that you did not agree to in writing, or that reduce your hourly rate below minimum wage, may not be lawful. But your question is too thin on facts to make even a haphazard guess.

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  • Is this legal legal to not give a tow truck driver a day off when they are working or on-call 24/7?

    My husband & I managed a towing company. His salary bi-weekly was $1,250. He worked 24/7 sometimes only getting 3 hrs of sleep a night. He was always on call. Well, the other driver wanted to start taking 2 days off per week and so they alternated...

    James’s Answer

    Salary. That's the word tow truck companies use for "slavery". There is little likelihood that your husband could be considered salaried. If his job duties were more often than not hooking chains to vehicles and driving them around, then he was not salaried-exempt. If he spent more time generating revenue than he did directing others to do something, then he wasn't salaried-exempt. Have him get counsel. He probably has at least a decent claim for unpaid overtime wages. You, too, for that matter.

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  • Should I speak with a disability lawyer or get a second opinion? What is the point of FMLA if it doesn't help anyone?

    I am injured to the point where I am unable to do much but walk. I have been put on a reduced work schedule and my employer is not being too worried or pro active about me invoking my FMLA rights for a reduced schedule/intermittent leave. I have g...

    James’s Answer

    While some key facts are missing, it is clear your situation will be touched by several employment laws and their time and subject-matter limits. if you were venting, then success. If you want help, then you should seek out a second opinion from an employment law attorney, not a dabbler. And be prepared to pay a reasonable consultation fee for the expertise you need.

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  • Why when I have lost ability to do a job I have done for over 30 would my settlement be so low and my attorney takes 33%

    rotator cuff traumatic tear 2 surgeries partial permanent restrictions no longer able to do the work I have done for 35 years. could so sedentary (light) work but have been awarded ssd for other problems. lawyer says there will not be a very signi...

    James’s Answer

    Really? You are getting Social Security disability for non work related problems. SSD means you've said you can't work, you know, because you are disabled. Plus after 35 years of work, your remaining wage earning potential is small and shrinking. That's where wage awards come from, the future. Finally, if you don't think a lawyer who managed to get you any lost future wages at all, while you're disabled under social security, isn't worth a third of the award, then you underestimate the legal talent you've hired. Good luck with your claims.

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  • What is my best course of action? Should I contact corporate to avoid retaliation?

    I am a delivery driver and my GM took my tip and put it in the company deposit. I was in the restroom and overheard him tell the closing manager to take my tip(which is documented via a check) and put it in the deposit to cover a shortage. I don't...

    James’s Answer

    If you're a tipped employee, and it was a legit tip, then his deduction for a general shortage was probably unlawful. This gets better if the deductions take your weekly pay below minimum wage for the hours worked.

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