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I have a question regarding a formal employee. Ohio. She…

Hi I have a...

Hi I have a question regarding a formal employee.

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

Ohio

Lawyer's Assistant: Has anything been filed or reported?

No

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

She left on her own will. We didn't pay overtime last year because we are a small business and last year was the first year we hit 500,000 sales. After another employee brought that to our attention, we paid that employee and this formal employee too. But this employee contacted another formal employee and tell her to ask us for overtime pay. We just want to know if we can do anything about that.

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Answered in 23 hours by:
3/11/2018
Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Employment Law
Satisfied Customers: 22,344
Experience: B.A.; M.B.A.; J.D.
Verified

Hello: This is Phillipsesq. Welcome to JustAnswer! I am reviewing your post, and I will post my response very shortly. Thank you for your patience.

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I am so sorry to read about your difficulties.

Kindly note that I just came across your post. I do not have control over the question list or the promises made to you by the site as to the response time. I am just a site user just like you. Nonetheless, I apologize for the delay in response to your post.

Kindly give me a few minutes to prepare my response.

Thank you for your patience.

If you receive a phone call offer, kindly disregard the offer. The offer is being made to you automatically by the site and not by me. Also, I do not participate in the phone call program.

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Could you explain a little more?

Did you sign a non-disclosure agreement with the former employee after you paid her for her overtime hours? That is, did you sign an agreement with her that prevents her from contacting other employees and letting them know that they are entitled to overtime pay and can file wage claim against your company with Ohio Department of Commerce if you failed to pay them for their overtime hours?

Thank you for your cooperation.

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Customer reply replied 4 months ago
Hi Phillips. No we did not hqc any agreement regarding that.
Customer reply replied 4 months ago
Here’s a screenshot of what she texted the previous employee
Customer reply replied 4 months ago
Please take a look.

What is "hqc?"

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Customer reply replied 4 months ago
Typo
Customer reply replied 4 months ago
Sorry, it’s autocorrect

Thank you for the information.

Yes, auto correct is working overtime these days...

Unfortunately, there is nothing you can do about the former employee's action. The former employee is not breaking any law by informing other similarly situated employees of their rights.

It would be be prudent for you to get together with your payroll company (if you have one) and pay all overtime due before the matter is reported to Ohio Department of Commerce by a disgruntled employee.

I am sorry that I do not have better news for you. However, as an Attorney and an Officer of the Court, I have ethical and professional obligation to provide you with accurate and honest information eventhough that information may not be in your favor.

Best wishes,

A 5-star positive rating to my response is appreciated so that I can receive credit for responding to your post. There is no additional cost to you for giving a positive rating. However, that is how I get paid for answering questions on this site.

Thank you for your cooperation.

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Customer reply replied 4 months ago
Got it. Thank you Phillips!
Customer reply replied 4 months ago
Another question for employment. Our company is base in Ohio. Is reasonable non compete agreement enforceable in Ohio?

You are quite Welcome!

All the best,

Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Employment Law
Satisfied Customers: 22,344
Experience: B.A.; M.B.A.; J.D.
Verified
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