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Zachary
Zachary, Lawyer
Category: Employment Law
Satisfied Customers: 3635
Experience:  Contracts, Wrongful termination and discrimination
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I was terminated because the owners wife doesnt like me, and

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I was terminated because the owners wife doesn't like me, and told the owner that I had a package sent tome to the office with drugs in it. She was the only person who saw the package. I'm dating their son who also works there. I've worked for them for over 6 yrs. I also have never received my overtime pay the last 3yrs I have had many weeks in which I would work 90 hrs most weeks I worked 60+ hrs. I was never drug tested. The son has been tested 2 diff times & has failed both test. He has never been disciplined. My termination doesn't follow the employees hadbook policy either. This is in the state of ohio. I never saw the package & have a termination letter that is all lies.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Zachary replied 1 year ago.
Hi,

Thank you for your question. I'm very sorry to hear about your situation.

Let me start by saying that the law is very lopsided in this area in favor of the employer. Generally, if you are an employee without a written employment contract which states that you may only be terminated for cause, you are an "at will" employee. Being an "at-will" employee means that the employer may legally terminate you for whatever reason it wants (or no reason at all).

In this case, you are stating that the employer did not follow the termination procedures which were set up in the employee handbook. Sometimes, courts will rule that the promises made in the employee handbook are binding on the employer. So, if the employee hand book states that there are certain procedures that you are entitled to before you may be terminated, then you can hold the employer liable for not following those procedures.

To hold the employer liable for that, you would have to assert a wrongful termination case against your employer and show the specific procedures from the handbook that they did not follow. You may file this sort of claim in small claims court and seek up to $3,000.00 in lost wages as a result of the wrongful termination. I suggest small claims court because it does not require a lawyer. If you want to attempt to seek more than $3,000, you will need to hire a lawyer to file your case in the County Court.

You have stated that you were not paid over time. If the employer's gross annual income is over $150,000.00 then they are required to pay you overtime. If this applies to your situation, then you need to report their failure to pay you overtime to the hio Department of Commerce's Division of Labor and Worker Safety, Wage and Hour Bureau. To file the complaint, you need to follow the instructions located at:

http://www.com.ohio.gov/laws/MWOTComplaint.aspx

Finally, the owner's wife has "defamed" you. You may sue the owner's wife for defamation directly, either in small claims court or with an attorney in county court.

Please let me know if you have any questions. Please also kindly consider rating my answer positively so that I am compensated for my work by the website. Rating does not cause an additional charge and will not prevent us from further discussing your questions.

Best Regards,
ZDN
Customer: replied 1 year ago.

I hit the wrong button. I thank u for ur answer

Expert:  Zachary replied 1 year ago.
Try Again! Rate me positively after this one!

Thanks and good luck. Please let me know if there is anything else I can do for you.
Zachary, Lawyer
Category: Employment Law
Satisfied Customers: 3635
Experience: Contracts, Wrongful termination and discrimination
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