Employment Law

Employment law questions? Ask an employment lawyer.

Ask a Lawyer,
Get an Answer ASAP!

This answer was rated:

Was released from job on april 19 anniversary date was the…

Was released from job...

Was released from job on april 19 anniversary date was the 23 they held my 2 weeks vacation pay can they do that. i was a line leader in factory there for 6 years said had complaints that i yelled to much . i was following my managers orders by yelling it was (lets keep moving we have to get out on time) or (stopping talking guys we have more items) never was it on a one to one person, My manager once came out and said lets stop yelling ad see how they are for a week. Well the following week she came out and said to me start yelling. just cannot understand how i can be let go of my position when i was falling my Managers ordrs

Lawyer's Assistant: Have you discussed the termination with a manager or HR? Or with a lawyer?

With owner and hr they are the one to let me go they said 2 choices 1 go to warehouse or resign warehouse would not b able to do lot of liftng and being 61 years old not able

Lawyer's Assistant: Are you an "at will" employee? Do you belong to a union?

No

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

Started at 600 n released me at 8 that would of been my last day for the week. so even on the 21 i would have not been a work day weworked sunday to weden 10 or more hours . missed 2 days the whole time i was there first there last one to leave

Show More
Show Less
Ask Your Own Employment Law Question
Answered in 6 minutes by:
4/30/2018
RobertJDFL
RobertJDFL, Lawyer
Category: Employment Law
Satisfied Customers: 15,318
Experience: Experienced in multiple areas of the law.
Verified

Thank you for using Just Answer. I am a licensed attorney and look forward to helping you. As state laws vary, can you tell me what state this is in?

And to confirm, you were not part of a union and did not have an employment agreement?

Ask Your Own Employment Law Question
Customer reply replied 3 months ago
ohio n no union
Customer reply replied 3 months ago
no rather text need no more expenses
Customer reply replied 3 months ago
do you know if they have the right or not

Thank you for your reply.

Under Ohio law, “vacation pay is not a gift or gratuity, but rather a deferred payment of an earned benefit and an employer can no more withhold the accrued vacation pay than, for example, it could hold the last paycheck the employee earned but not received.” See Condron v. The City of Willoughby Hills, 2007-Ohio-5208 at ¶ 40. Some employers offer generous vacation and sick time benefits as part of an employee’s benefits, pay, and as a method for attracting talented job applicants. Courts treat vacation time in the same light as hours worked by an employee – both are owed to the employee upon termination of employment.

However, Ohio case law carves out an exception to vacation pay upon termination of employment when an employer institutes a written policy limiting vacation pay. Employers may legally limit the benefits surrounding vacation time including instituting rules as to how vacation is accrued, requiring employees to work a certain amount of time before they are provided vacation time. Employers may also provide a forfeiture clause in the employment contract, stating that employees lose vacation pay at the end of employment if they are terminated for just cause or fail to provide sufficient notice upon termination. Employers may even state all vacation pay is forfeited once an employee ends employment for any reason. So, if you had a company handbook for example, that stated you must work X amount of days to get your vacation pay, or the employer had an established policy whereby terminated employees were ineligible to receive vacation pay, then they could deny you this benefit.

Give me a moment and I'll discuss their legal right to terminate you.

Ask Your Own Employment Law Question

As far as termination itself, Ohio is an "at-will" employment state. In the absence of a collective bargaining agreement or employment contract -and most employees don't have either - an employer may terminate you at any time, for any reason, with or without cause. It doesn't matter that you were a great employee, or that you were doing what your manager said. They can still terminate you, with limited exceptions.

Even if you are an at-will employee, you still cannot be fired for reasons that are illegal under state and federal law. In these situations, the government has decided to make an exception to the general rule of at-will employment.

For example, if your employer is subject to federal and state laws prohibiting job discrimination (as all but the smallest employers are), you cannot be fired because of certain characteristics, such as your race, religion, or gender. Similarly, you cannot be fired because you have complained about illegal activity, about discrimination or harassment, or about health and safety violations in the workplace And you cannot be fired for exercising a variety of legal rights, including the right to take family and medical leave, to take leave to serve in the military, or to take time off work to vote or serve on a jury. From the facts you've provided, it doesn't sound like any of those exceptions applied, and thus, unfortunately, this termination though unfair, is legal.

Ask Your Own Employment Law Question
Customer reply replied 3 months ago
Thank you

You're welcome. I appreciate the opportunity to be of assistance. I'm sorry the news couldn't be better, but I owe you a duty to tell you what the law says and to tell you something that wasn't true certainly wouldn't be fair to you.

Please remember to leave a positive rating for me by clicking on the stars at the top of the page. Thank you.

RobertJDFL
RobertJDFL, Lawyer
Category: Employment Law
Satisfied Customers: 15,318
Experience: Experienced in multiple areas of the law.
Verified
RobertJDFL and 87 other Employment Law Specialists are ready to help you
Ask your own question now
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with an employment lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask RobertJDFL Your Own Question
RobertJDFL
RobertJDFL
RobertJDFL, Lawyer
Category: Employment Law
Satisfied Customers: 15,318
15,318 Satisfied Customers
Experience: Experienced in multiple areas of the law.

RobertJDFL is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

I must thank you all for such a positive and knowledgeable Expert in your Employment Law category. She has provided much relief and answers for me in the midst of dealing with a case. I am totally pleased with her customer service and care.

MildredWashington, DC

Excellent direction from Socrateaser to help me preserve and pursue my rights as a proud American who has become unemployed in this messed-up economic downfall. Thank you

Happy CustomerDenver, CO

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

< Previous | Next >

Meet the Experts:

Allen M., Esq.

Allen M., Esq.

Employment Lawyer

13,334 satisfied customers

Employment/Labor Law Litigation

Marsha411JD

Marsha411JD

Lawyer

12,490 satisfied customers

Licensed Attorney with 29 yrs. exp in Employment Law

Infolawyer

Infolawyer

Lawyer

12,478 satisfied customers

Licensed attorney helping employers and employees.

JB Umphrey

JB Umphrey

Lawyer

6,273 satisfied customers

Assisting employees and employers for over 14 years.

John

John

Employment Lawyer

4,029 satisfied customers

Exclusively practice labor and employment law.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

3,007 satisfied customers

I provide employment and discrimination law advice in my own practice.

ScottyMacEsq

ScottyMacEsq

Lawyer

2,893 satisfied customers

Licensed Texas General Practice Attorney

< Previous | Next >

Related Employment Law Questions
I work in a warehouse that prepares furniture for delivery.
I work in a warehouse that prepares furniture for delivery. I was hired Oct. 31,2016. Upon hire, I was generally kept in the returns dept. wrapping damaged or refused furniture. Within 3 weeks of hire… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
12,478 satisfied customers
I was an Operation Managers, and I was terminated after a
I was an Operation Managers, and I was terminated after a driver was yelling at me and putting his finger in my face in front of his manager (Driver's Manager) and the Drivers Manager's supervisor (Da… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
12,478 satisfied customers
After 1 1/2 yrs. I finally walked away from my job after
After 1 1/2 yrs. I finally walked away from my job after being bullied by my female manager. I was a hard worker, and took pride in my job. Since I have worked in the deli dept. numerous employee's ha… read more
Asad Rahman
Asad Rahman
Attorney
J.D.
2,555 satisfied customers
I am writing about an employment law question. I attend
I am writing about an employment law question. I attend Church every Sunday from 10am to 1pm. I had been granted a religious accommodation for the last 2 1/2 years by my employer (under old and new ma… read more
TJ, Esq.
TJ, Esq.
Juris Doctor (JD)
11,462 satisfied customers
I was working on a line where I was welding and had ear plugs
I was working on a line where I was welding and had ear plugs in my ears due to the noise of the factory and the supervisor came over and shoved me and started yelling at me because I did not hear him… read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
Juris Doctor, Cum Laude
13,334 satisfied customers
I am working for Safeway. I started almost 1 month ago....Its
I am working for Safeway. I started almost 1 month ago....It's like working for the Gestapo. I was hired on the spot and given haphazard training as a cashier, (which i had no experience at that level… read more
MDLaw
MDLaw
Attorney
Post-Doctoral Degree
358 satisfied customers
I worked for this company for 7 years, never had a blemish
I worked for this company for 7 years, never had a blemish on my service record, and several letters stating what a good employee i was. A man came into our location every few days. he would come in y… read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
Juris Doctor, Cum Laude
13,334 satisfied customers
Yes, I was recently terminated by Zappos Company. I was in
Yes, I was recently terminated by Zappos Company. I was in training as a phone representative and weekly all trainees received updates on there progress. I went through with no problems never was late… read more
Legalease
Legalease
Attorney At Law
Doctor of Law w/ highest honors
15,719 satisfied customers
I worked in the warehouse of a small company for 7 years without
I worked in the warehouse of a small company for 7 years without a single disiplinary action. The company has been going through some financial hardships and the owner decided that changes needed to b… read more
Dimitry K., Esq.
Dimitry K., Esq.
Attorney
Doctoral Degree
3,007 satisfied customers
Worked for fastfood chain from 4/25/11 never called in or late.
Worked for fastfood chain from 4/25/11 never called in or late. First time ever absent had family emergency gave a days notice that was considered a call-in with a days notice. Had car trouble on the … read more
JG
JG
Doctoral Degree
258 satisfied customers
I have been with a company for over 20 years, 19 in my area
I have been with a company for over 20 years, 19 in my area of expertise. I am gay and transsexual (crossdresser, I am still a boiological male and work as a male) and I do a great deal of fundraision… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
12,478 satisfied customers
I came in late for work one Sunday and forgot to punch in as
I came in late for work one Sunday and forgot to punch in as I was rushing so fast, so later I sent a message to the hr manager saying exactly this "I forgot to punch in" I was off for 2 days so I ass… read more
AttorneyTom
AttorneyTom
Attorney at Law
Juris Doctor, BSBA
1 satisfied customers
I was asked to join a company which involved sales experience.
I was asked to join a company which involved sales experience. The company had an internet team for a few years and wanted to start a field sales team. They asked an acquaintance of mine to coordinate… read more
LawTalk
LawTalk
Attorney at Law
Juris Doctor
128 satisfied customers
Today I came to work and was notified by an email that I was
Today I came to work and was notified by an email that I was no longer the General Manager of the factory I where I am employed. Via Email I was notified, “Effective immediately, Larry Gebhardt is on … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I BEEN WORKING AT THIS PLACE FOR 10 YEARS AND I BECAME A SUPERVISOR
I BEEN WORKING AT THIS PLACE FOR 10 YEARS AND I BECAME A SUPERVISOR AT THIS WAREHOUSE WHERE I WAS WORKING AT, WHEN THEY CLOSE DOWN THE WAREHOUSE THEY TOLD ME THAT THERE WAS'T A SUPERVISOR JOB FOR ME A… read more
Marsha411JD
Marsha411JD
Lawyer
Doctoral Degree
12,490 satisfied customers
Hi. i am having trouble with co-workers. one in particular
Hi. i am having trouble with co-workers. one in particular is yelling at me. i've talked to the manager; and the manager told me she didn't have time to referee. however, i am not yelling or antagoniz… read more
MDLaw
MDLaw
Attorney
Post-Doctoral Degree
358 satisfied customers
I am a 61 year old woman on and work for Dell on a governmen
I am a 61 year old woman on and work for Dell on a government contract for the Coast Guard as HR Manager. I have maintained an excellent work reputation for many years and our previous manager resigne… read more
AttorneyTom
AttorneyTom
Attorney at Law
Juris Doctor, BSBA
1 satisfied customers
hi isnt there some law that makes it illegal some how to ...
hi isnt there some law that makes it illegal some how to work 7 or more days , with 10 or more hour shifts, without a day off? im pretty sure in my legal business class i remember the teacher saying s… read more
Family Physician
Family Physician
Doctoral Degree
140 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x