Ohio Employment Law by fkd17725

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									Employment Law in Ohio


             • Bus Orgs II
               • LAP 202

            • Mike Brigner,
                  J.D.
                              1
Types of Employment

                      • At-will employment
                         – Can be fired for any reason
                           (incompetence)
                         – Or no reason at all
                         – As long as it is not an illegal
                           reason
                         – Most US employees are at-will




                                                             2
Exceptions to Employment at Will

                    • Labor union employment
                        – Collective bargaining contracts protect
                          employee rights
                    • Civil Service
                        – Rights set by statute
                    • Employment agreements
                        – Usually only key executives, or special
                          skills employees



                                                               3
              Other Exceptions to At-Will

•   Federal statutes              • All to insure that
•   State statutes                  employees are not
•   Court decisions                 terminated for
                                    exercising certain
•   Public policy (Examples:        rights & privileges:
    discrimination / retaliation)
                                    – Free speech
    – 44 states recognize
                                    – Union activities
• Violations = “wrongful            – Unsafe workplace
  discharge”                          complaints

                                                           4
Employee Handbook/Manual
• Another exception to at-will
• Include “Termination only for good
  cause” words
• But courts often find an implied
  contract and allow firing only for
  good cause
• Examples of breach:
   –   Probationary period not followed
   –   Disciplinary procedures ignored
   –   Good evaluations disregarded
   –   Some disciplined & others not
                                          5
      Alphabet soup of state/federal
          exceptions to at-will
Disability       COBRA         OCRC          EEOC          Blowing
   Laws         Insurance     RC 4112        Title VII    The whistle

  WARN            EPPA        USERRA         OSHA          FLSA
Layoff notice   polygraphs     Military    Worker safety Wage & Hour

  FMLA            IRCA          ADEA           PDA         Workers
Family leave    Immigration   Age issues    Pregnancy       Comp

Ohio Trade       Federal      Drug-free      Jury duty  Time to vote
Secrets Act     Employers     Workplace    R.C. 2313.18 R.C. 3599.06

Public policy    Implied      Probation/      NLRA          Not-to
 exceptions      contract       Term       Union issues    compete



                                                                     6
Wrongful Discharge Suits

• Employees can sue if termination is for an
  improper reason
  –   Age
  –   Race
  –   Religion
  –   Disability
  –   Gender
  –   Retaliation against complaints, whistleblowers,
      exercise of lawful rights

                                                        7
Who is an Employee?
• And who is an Independent Contractor?
• How employer classifies both have impact on
  liability and taxes
• IRS & FLSA favor employee status (more
  withholding, more individ rights)
• Employer owes fewer rights to IC
• IC has no protection from discrimination
• IC gets no employee benefits
• IC must pay own taxes

                                                8
How to Distinguish?

• Right to Control test: Does company have the
  right to control:
  –   Details of the work (hours, tools, location)
  –   Manner in which individual works (judgment)
  –   Progress of work (schedule, deadlines)
  –   Permanency of relationship --Profits
  –   If company controls only RESULT, it is IC
  –   Employment contract does not control
  –   IRS has test with 20 factors

                                                     9
Employment Contracts
• Employer gets employee’s
  skills for certain time period
• Employee gets job security
• Employee can usually
  terminate agreement before
  end of contract
   – Courts reluctant to force labor
     against will
• But courts will force employer
  who ends contract early to
  pay out balance due

                                       10
Typical Terms

• Duties of parties to   • Termination of
  each other               agreement
• Specific duties of     • Working conditions
  employee               • Nondisclosure provision
• Compensation           • Noncompete provision
• Benefits               • Agreement as to who
• Duration of              owns inventions
  agreement

                                               11
Nondisclosure Provision

             • Purpose to protect
               trade secrets
             • Employee agrees
               not to disclose
               anything learned on
               the job to any other
               source, including
               competitors
                                  12
Noncompete Provisions

• Employee agrees not to start or join a
  business to compete with employer
• Courts have ruled such provisions must
  serve a valid purpose & must be
  reasonable & fair
  – Reasonable duration of time
  – Reasonable restriction on geography
  – Only covering employees with special skills

                                              13
Employment Law in Ohio


           • Concluded

           • Thank you


                         14

								
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