Legal Question in Employment Law in Ohio

Retaliation & Unpaid wages

I am a 2 year, salary employee at a lawncare company that lays off newer employees during the winter. I was not laid off last winter. However, I have recently won a permanent partial disability settlement and, without notice, I was laid off. I am a salary employee, and was told that I would never be laid off because of being on salary. I just received my last paycheck and I was paid hourly instead of my salary. They did not take out my insurance premium for the week. Also, I had $160 taken from my check for uniforms I had not turned in. I was never told to turn my uniforms in nor was I told they would be taking this money from my check. I know this is retaliation to the Worker's Comp settlement. I was told I wouldn't be working if I followed through with it. I am considered a veteran employee and it appears that they are not laying off a couple employees that have only worked there for a few months. What actions can I take to get the money I am entitled to. And, if possible, is there any legal action I can take for not being notified in advance of the layoff and for the retaliation? Also, my salary is for 40 hours and I never get paid overtime, which I have worked almost every week because we have a 6 day work week. Is this legal?


Asked on 12/08/06, 5:04 pm

1 Answer from Attorneys
Eileen Joyce Baughman & Joyce LLC

Re: Retaliation & Unpaid wages

Ohio law prohibits employers from retaliating against employees for filing workers' compensation claims. Under the law, you can file a lawsuit for wrongful termination. Depending on whether you worked more than 40 hours per week while paid salary, there may also be a question as to whether you also have a claim under the Fair Labor Standards Act since the employer seems to be treating you as a non-exempt employee (if, in reality, you were a non-exempt employee, you should have been paid overtime for hours worked in excess of 40 hours per week). You should consult with an attorney in your area who practices in the area of labor and employment law without delay. Many (who practice on the plaintiff's side) will provide a free consultation to evaulate whatever potential claims you may have. If necessary, you can likely obtain referral from your local bar association.

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Answered on 12/08/06, 6:00 pm


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