Legal

Ask a Lawyer and Get Answers to Your Legal Questions

Ask a Lawyer,
Get an Answer ASAP!

Legal
This answer was rated:

My business is on an "honor system" for our employees that…

Hi! My business is...

Hi! My business is on an "honor system" for our employees that work at job sites to log their hours. I just found out one of our employees has been drastically logging more hours than he has worked and milking the clock to stretch his hours into overtime. I also found out one day recently he left the job site in another state to hang out with his cousin that lived nearby--he was on the job site for maybe 3 hours, but logged 11 hours that day. Can I fire him without losing an unemployment claim? I know all of this information from the testimony of another employee that works beside him.

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

Ohio

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

At will

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

I think that's it, thanks!

Show More
Show Less
Ask Your Own Legal Question
Answered in 3 minutes by:
12/4/2017
Richard
Richard, Attorney
Category: Legal
Satisfied Customers: 56,178
Experience: Attorney with 29 years of experience.
Verified

Hi! My name is Richard & I will be helping you today! It will take me a few minutes to type a response to your question. Thanks for your patience!

Ask Your Own Legal Question
Customer reply replied 2 months ago
Thanks Richard!

Good morning. You should easily prevail if this employee files a claim for unemployment. You clearly have a basis to filring this employee "for cause." Under Ohio law, if an employer files an employee for cause, then the employee is not eligible for unemployment benefits. The legal standard under Ohio law that determines whether an employee quit or was discharged with just cause is whether the action taken would be taken by an ordinary careful person under similar circumstances. This is clearly the situation in your case.

Thank you so much for allowing me to help you with your question. I have done my best to provide information which fully addresses your question. If you have any follow up questions, please ask! If I have fully answered your question(s) to your satisfaction, I would appreciate you rating my service as Good or Excellent (i.e., 4 or 5 stars)(hopefully Excellent/5 stars!). Otherwise, I receive no credit for assisting you today. I thank you in advance for taking the time to provide me a positive rating!

Ask Your Own Legal Question
Customer reply replied 2 months ago
The issue is the proof we have. We have another employee's testimony saying the other employee is doing these things. We don't have hard proof. Is a testimony enough for Ohio unemployment law to justify this as "for cause" termination?

Yes, if the other employee is willing to testify or sign an affidavit, it will be sufficient. And, here's the thing, the employee that was fired is not likely to contest this testimony/affidavit because if you dig deeper, it's likely you could come up with significant additional evidence. You can also let this fired employee know you will be pursuing a civil suit and criminal prosecution.

Ask Your Own Legal Question
Customer reply replied 2 months ago
We have lost unemployment claims before because we didn't have our employees sign anything that shows what is expected of them in their jobs. We created a handbook now, but it doesn't specifically say anything about this situation. In my eyes it is stealing from the company when you are logging hours and not actually working/not even at the job site. Is this a given that it's against policy to "steal" hours?

You don't need this in a handbook. Rather, this is dishonesty and fraud. And, it's illegal. You don't have to have a handbook state stealing and fraudulent actions are cause for dismissal. It's "cause" on its face.

Richard
Richard, Attorney
Category: Legal
Satisfied Customers: 56,178
Experience: Attorney with 29 years of experience.
Verified
Richard and 87 other Legal Specialists are ready to help you
Ask your own question now

Thank you so much for the 5-star rating! I know rating takes an additional step and I truly appreciate you taking the extra time! It's been my honor and privilege to help you with this. If I can help you in any way in the future, I'll be happy to help. For easy access, my bookmark is: www.justanswer.com/law/expert-legalbeacon/ . Or, simply request “Richard only” in the first line of your question.

Ask Your Own Legal Question
Ask Richard Your Own Question
Richard
Richard
Richard, Attorney
Category: Legal
Satisfied Customers: 56,178
56,178 Satisfied Customers
Experience: Attorney with 29 years of experience.

Richard 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:

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

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,775 satisfied customers

JD, BBA Over 25 years legal and business experience.

Ely

Ely

Counselor at Law

24,353 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

20,727 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

42,358 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo J. Senmartin, Esq.

Guillermo J. Senmartin, Esq.

Attorney

292 satisfied customers

7+ years of experience handling various legal matters.

< Previous | Next >

Related Legal Questions
My brother has a guaranteed Whole Life Policy thru ?United
My brother has a guaranteed Whole Life Policy thru ?United of Omaha of Mutual. This policy had a 2 year waiting period the policy started 2010. premiums where paid until there was a problem on his aut… read more
LegalGems
LegalGems
Juris Doctorate
11,009 satisfied customers
I have a question about a will and a life insurance policy.
I have a question about a will and a life insurance policy … read more
Richard
Richard
Attorney
56,178 satisfied customers
I have a question concerning school board policy's and
I have a question concerning school board policy's and challenging them to make exceptions. … read more
P. Simmons
P. Simmons
Attorney
Doctoral Degree
35,566 satisfied customers
My brother's policy contestable period will end on 2/15/18.
My brother's policy contestable period will end on 2/15/18. On 2/9/18, I got a letter from the insurance company saying a recent routine review of his Motor Vehicle report indicated that he lied on hi… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
42,358 satisfied customers
This is an Policy that the HOA board is implementing. Can
Second opinion] This is an Policy that the HOA board is implementing. Can the prohibit members form discussing information discussed in the meetings on social media. They are the governing body, and f… read more
Phillips Esq.
Phillips Esq.
MBA
18,631 satisfied customers
I have landlords policy in Minnesota. Fire was caused by
I have landlords policy in Minnesota. Fire was caused by arson house had 8 unrelared renters instead of legal housing limit of 5. Policy is for 450k. Replacent cost are 600k. Will insurance deny claim… read more
Ray
Ray
Lawyer
Doctoral Degree
31,330 satisfied customers
I recently applied for 2 life insurance policies. As a
Hello. I recently applied for 2 life insurance policies. As a result of that application I found out that one of my blood tests came back with abnormal readings. The agent said I would still be covere… read more
ScottyMacEsq
ScottyMacEsq
Doctoral Degree
17,455 satisfied customers
Merchant return policy requirments. Florida. Merchant
No. Merchant resisting return after promising money back guarantee after only one day. … read more
INFOLAWYER
INFOLAWYER
Attorney
Doctoral Degree
20,727 satisfied customers
I am a member of an MLM company. They have changed a policy
I am a member of an MLM company. They have changed a policy about the return process. I submitted a resignation two weeks ago. Am I held to this new policy or do they need to honor the former policy t… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
Is there any issue with providing video deposition testimony
is there any issue with providing video deposition testimony (from a party to the same lawsuit) as an exhibit to a motion or opposition?… read more
Irwin Law
Irwin Law
Juris Doctor JD
7,117 satisfied customers
My car insurance policy was canceled because I was
Hi, my car insurance policy was canceled because I was ill-informed is there something I can do? … read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
42,358 satisfied customers
If public policy bars a plaintiff from recovering on a
If public policy bars a plaintiff from recovering on a contract, would that be an issue on appeal?… read more
LegalGems
LegalGems
Juris Doctorate
11,009 satisfied customers
Are teaching contracts considered overtime pay? IL. It is
We are required to teach 5 classes per semester but, upon approval, can teach additional classes for a sum provided in our contract--are these additional courses considered overtime pay?… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
8,239 satisfied customers
Is lost overtime money considered personal property, if so
Is lost overtime money considered personal property, if so can you provide a NY law definition that states it? Thank You… read more
Damien Bosco
Damien Bosco
3,628 satisfied customers
I am the beneficiary of a life insurance policy and the
I am the beneficiary of a life insurance policy and the insurance company won't make the check out to me.they keep sending it to the estate of Don Sergott so the bank won't cash it. I called them and … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
Do you have to pay overtime to salaried office employees -
Do you have to pay overtime to salaried office employees - if they choose to do it without pre-approval … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
8,239 satisfied customers
Can a policy owner borrow against a life policy without the
can a policy owner borrow against a life policy without the signature of an irrevocable beneficiary … read more
INFOLAWYER
INFOLAWYER
Attorney
Doctoral Degree
20,727 satisfied customers
Can overtime pay be with held at employees request and paid
Can overtime pay be with held at employees request and paid on next pay? … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
8,239 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