Legal Question in Employment Law in Ohio

Re: employer forgery

Your question is typical of many employment related disputes. The amount of money at issue is relatively small. Although many employment related laws provide for attorney fees to be paid by the employer if the employee wins, most cases should not be pursued by an attorney solely for the benefit of the attorney fees. A complicated $100 dollar dispute is too small for any lawyer to be able to assist you in a way that makes good economic sense for both you and the lawyer.

While $100 is a small amount compared to the cost of hiring a lawyer to recover the $100 (or some part of it) for you, that does not mean you should have to accept the employer's conduct. The legal analysis required for your question is quite complex. But the likely result of the analysis will be that you are entitled to your $100. I would be surprised, however, if you can find a lawyer who will take your case on terms that makes good economic sense for both of you.

But you have alternatives to hiring a lawyer on your behalf. You can contact the United States Department of Labor, Wage and Hour Division. That agency can investigate and pursue your claim for you. A faster alternative might be to file a lawsuit by yourself in your local small claims court.

Most employers and employees do not realize that the employee has a distinct economic advantage regarding disputes over amounts of money too small to justify hiring lawyers to resolve. The small claims courts are set up to assist individuals with their claims without involving lawyers. But in Ohio, a corporation usually cannot be represented in court without a lawyer. Therefore, the employee can afford to pursue the claim, but the employer cannot afford to defend it.

In other words, it is cheaper for the employer to pay the disputed amount than it is for the employer to hire a lawyer to go to court on its behalf. You should bring this to the attention of the employer and try to get your money back without filing any lawsuit.

But if they refuse to compromise, sue the employer in small claims court. It will be much easier for you than for your employer. You are not guaranteed to win, but you will be guaranteed to get the dispute resolved.