How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Tina Your Own Question
Tina
Tina, Lawyer
Category: Employment Law
Satisfied Customers: 8184
Experience:  JD, BBA, recognized by ABA for excellence.
4460311
Type Your Employment Law Question Here...
Tina is online now
A new question is answered every 9 seconds

I have a question regarding a former employer who terminated

Customer Question

I have a question regarding a former employer who terminated me when I became my mothers primary caretaker and they are suing me for wages that i earned. How do I defend against that when I wasnt the one who left the employment but was literally forced by being put on the schedule after I found her unconscious a week prior? They are aware of this and still said that if others could manage then I should be able to. They sent me a different number of repaying for training I never completed and now I am being sued.
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: ohio
JA: Is the employment agreement "at will," union, full time or part time?
Customer: at will full time
JA: Anything else you want the lawyer to know before I connect you?
Customer: yes . The shifts were 12 I request 8 temporarily to stay within the dr. orders of her not being alone for more than 3-4 hrs at a time. Since I was still in training I had to have a certified tech sign off on my paperwork meaning the last 3 hrs Could have been made up after the restrictions were lifted by her dr. I also kept them updated when she was in the hospital. They said since other employees could manage then i should be able to. I have no other siblings or family here to help.
Submitted: 2 months ago.
Category: Employment Law
Expert:  Legal Expert Justin replied 2 months ago.

Hello! My name is ***** ***** I'll be the Expert assisting you today. Your former employer is suing you for wages that you earned? Also, they want to recover payment for training? Is that correct?

Customer: replied 2 months ago.
Expert:  Legal Expert Justin replied 2 months ago.

Why do they think they owe you wages that you earned? Did you actually work these hours? Did you fill out a timesheet or any sort? Was there ever an employment agreement that detailed terms of paying back the training amounts?

Customer: replied 2 months ago.
They fired me after my mother was in the hospital and put on restrictions not allowing me to work a 12hr shift versus a 8 temp until they released her from the restrictions. I worked the hours I was paid for. There was a at will contract. They however prorated the training after trying to force my resignation saying I would not be able to keep up if they accommodated me to her restrictions. Now they have doubled it since they cannot by law request for my earnings to be returned which was in the contract signed. The work week was three days and the last 3 hrs of the shift was paperwork required by a certified tech to sign off on and is what asked to get off to be there for my mother based on Dr orders of her restrictions. I offered the paperwork as proof and they made their decision. they had no FMLA plan or any other plan for employees due to their small size they told me.
Customer: replied 2 months ago.
I was asked to return to work the day after her release and knowing I had no other help and I was her primary care taker. They knew this before I was hired as well.
Expert:  Legal Expert Justin replied 2 months ago.

What have they doubled? How much are they saying you need to repay?

Customer: replied 2 months ago.
Well they gave me a prorated rate for repaying training since I didnt finish and was only a few weeks in now they doubled it to 10k since I believe they realized they can't get wages due to labor laws.
Customer: replied 2 months ago.
basically after they found out about her being in the hospital and put on restrictions according to the Dr is law in Ohio if a person loses consciousness for any reason they have to be put on for minimum 6 months they fired me the following week but said it was a meeting to discuss my options or way to stay on.
Expert:  Legal Expert Justin replied 2 months ago.

Was there an agreement that you would repay the training if you quit or were fired? Did they give you an itemized invoice for the training repayment?

Unfortunately, the American with Disabilities Act does not offer protection to those who care for people with disabilities. If your employer decided to fire you because you miss work to care for your mother, they are not violating any federal laws.