Employment Law Questions? Ask an Employment Lawyer.
Hello there -
So long as the back wages and any other pay claimed are LESS than the maximum amount permitted under the small claims court rules in Akron Ohio small claims court, then the answer is YES, the employee has the right to sue the employer or former employer for back wages and other pay in this small claims court forum. If the amount the employee is claiming is MORE than the small claims limit, then the employee will either have to settle for a CAP on the amount due and payable if the small claims court finds in his or her favor OR the employee will have to move the case to a regular civil lawsuit claim in the regular court in Akron county.
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Hello again --
Ohio law does NOT require that an employer pay holiday pay to any employee. However, if the employer actually offers the holiday pay as part of the overall company policy and then fails to pay it, the employee has a breach of contract claim against the employer for failing to pay the promised holiday pay. Vacation pay is the same.
You can submit a motion to dismiss if your company never promised the employee holiday pay and it was clear that he or she was not entitled to that holiday pay. However, if there is some question regarding whether a promise was made to the employee, then the court might not dismiss the case and may want to hear the testimony of the employee before making an overall decision.