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Dwayne B.
Dwayne B., Lawyer
Category: Employment Law
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Experience:  Employment Law Expert
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My sons boss approached m today and wanted m to sign two

Customer Question

My sons boss approached him today and wanted him to sign two write-ups for calling off two consecutive days last week due to him being sick. He's been with this company over ten years and work is real slow this time of year. He is a underground locator and every winter business is slow. Even though he called off last week, he still worked 40 hrs. Anyway, these are my questions.
1. Can they really give him two write-ups?
2. If he refuses to sign them, legally, what can they do to him?
3. He has 4 wks. vacation and lots of hrs of pto time. Is he not allowed to call of any time at all due to sickness without a two week notice?
4. He told them that he could get a Dr.s note and they said that they cannot ask for a Dr.s note and that they weren't allowed to accept one. Is this legal?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Dwayne B. replied 1 year ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts.

Unfortunately. OH is what is known as an employment at will state. That means that, basically, an employer has the right to do almost anything so long as it doesn't violate the laws against discrimination or harassment due to race, age, gender, etc.

As to your specific questions:

1) Yes. There is no law that would prevent an employer from giving two write ups in this situation.

2) They can take any sanctions they want up to and including terminating his employment for insubordination.

3) That depends entirely on the company policy and what has been done in the past there at the company. The law doesn't mandate how vacation time and PTO works.

4) They are incorrect in that they are allowed to accept a doctor's note. They are operating under a misunderstanding of the Americans with Disabilities Act. However, what they are doing is not illegal, they just don't understand the law.

If your friend is operating under a written contract of employment then the terms set forth in that agreement are what applies. Since most people don't have a written agreement, the answer I set forth above apply in 99% of the cases.

There is a document at the following website which explains employment at will in Ohio. I always provide a link when explaining how this works because most people are under the impression employees have more rights than they actually do. That link is: http://www.lsc.ohio.gov/membersonly/126employatwill.pdf

Expert:  P. Simmons replied 1 year ago.

Hello! My name is ***** ***** I am a licensed attorney with more than 18 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help

Also, if you would like to chat on the phone, let me know and I can make that happen.

Only the court can order the seller pay you the money. You can certainly demand they repay and threaten suit if they refuse. But if you want to force this? You will need an order from the court

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

Expert:  Dwayne B. replied 1 year ago.

I think there was a glitch and another expert's answer was posted in this thread instead of the correct one. I'll let them know and since that last section obviously doesn't apply to your facts you can just ignore it.