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Legalease
Legalease, Lawyer
Category: Employment Law
Satisfied Customers: 16367
Experience:  13 years experience in employment law, unions, contracts, workers comp law
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Can an employee sue wages in the akron municipal small

Customer Question

can an employee sue for back wages in the akron municipal small claims court? can a motion to dismiss to file. Also, employee is suing that company did not pay him holiday pay and as a small company we did not pay for holidays.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Legalease replied 1 year ago.

Hello there -

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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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I hope that helps. Please press a positive rating above so I will be paid for my time. I am paid nothing unless you press a positive rating above. (the middle star and the fourth or fifth star on the right is a positive rating). Doing so will NOT cost you any additional money -- it simply acts as the trigger to Just Answer to pay me for my time today. THANK YOU VERY MUCH

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MARY

Customer: replied 1 year ago.
my primary questions was that can a motion to dismiss to submitted to the court.. Does ohio state law require employers to pay holiday pay to its employees? if the law is clear, would this be a frivolous claim? the amount if the claim is $510.00 which is below the cap.
Expert:  Legalease replied 1 year ago.

Hello again --

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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.

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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.

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I hope that helps. Please press a positive rating above so I will be paid for my time. I am paid nothing unless you press a positive rating above. (the middle star and the fourth or fifth star on the right is a positive rating). Doing so will NOT cost you any additional money -- it simply acts as the trigger to Just Answer to pay me for my time today. THANK YOU VERY MUCH

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MARY

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