Legal Question in Employment Law in Ohio

Discharge w/ agreement

03/03/04 I was discharged without notice or valid cause. The only reason given was ''change in leadership''. I was told at the time I would be paid thru the date of discharge, however, the HR dept. notified me of a negative balance in my ''Flex Plan'' so I requested pay thru the end of the pay period 03/15/04. I was told that they would if I sign a form allowing them to deduct the amount from the final check, however, when I received the form it was was a 4-page ''Severance & Settlement Agreement''. My concern is for a 1 year period I am not allowed to contact any employees, employed or having ever been employed there, for the purpose of inducing them to leave the company for any reason. I am in sales management and have 1 sales person I would like to take with me. Can they sue me under Ohio laws (I worked in Indiana) if I breach this clause AND considering no agreement at termination (or any other time) of this because there was no ''severance pay'', they just agreed to pay me through the pay period to repay my Flex Plan. Can my final check be withheld if I do not sign the agreement?


Asked on 3/10/04, 1:39 am

1 Answer from Attorneys
Kenneth Lauter Kenneth E. Lauter, PC

Re: Discharge w/ agreement

I need more information before I can begin to answer your questions. I need to review the proposed severance agreement and I need to review the summary plan description for your flex pay plan. The severance agreement probably has a choice of law clause and (if you sign it) may determine what law applies to your potential wage claim. Otherwise, the Indiana Wage Claims Statute applies to you (and any other Indiana employee who is not paid what he is owed, when it is owed). If your claim is under $800, you need to go through the Indiana Dept. of Labor. If you would like to make an appointment to go through these matters in more detail, please feel free to contact me at 317-955-9500.

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Answered on 3/11/04, 1:28 pm


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