Ohio is among the 49 states that recognize the at-will employment relationship (Montana is the lone exception). In Ohio an employee may be terminated for any reason that is not unlawful or for no reason, just as an employee may quit for any reason or no reason. However, there are several exceptions to this doctrine […]
Author Archive | Debbie Ecker
The Appropriate Use of Separation Agreements to Limit Employer Liability
When preparing to involuntarily terminate an employee, employers should consider the risk factors that may dictate the use of a separation agreement. For example: Is the employee in a protected class (age, race, religion, color, sex, national origin, mental or physical disability, veteran status)? Has the employee recently engaged in protective activity (such as taking […]
Employers Be Prepared: New Rule Affecting Overtime Eligibility Has Been Proposed by U.S. Department of Labor
The Notice of Proposed Rulemaking announced by the Department of Labor on March 7 ,if implemented, will raise the threshold for overtime eligibility so that employees will have to earn at least $35,308 a year ($679 a week) in order to be exempt from overtime pay for any hours worked over 40 in a workweek. […]
What should employers know about Ohio’s medical marijuana law and what should they do?
Patients with one of 21 specified medical conditions may obtain a doctor’s recommendation for marijuana use in the forms of edibles, oils, patches or vaporizers. The conditions are: AIDS, ALS, Alzheimer’s disease, cancer, chronic traumatic encephalopathy, Crohn’s disease, epilepsy or another seizure disorder, fibromyalgia, glaucoma, hepatitis C, inflammatory bowel disease, multiple sclerosis, pain that is […]
Can Employers Require Employees to Get a Flu Shot?
Every year employers struggle to cover for employees who are out sick with the flu, as well as germ control when sick employees come to work and spread their germs. Although mandatory flu vaccines are lawful, employers must make sure that their policy allows for exceptions to avoid running afoul of federal or state antidiscrimination […]
Accommodation Under the Americans With Disabilities Act
The Americans with Disabilities Act (ADA) requires employers to provide a reasonable accommodation to allow a qualified individual with a disability to perform the essential functions of his/her job unless an accommodation would impose an undue hardship on the employer. A “qualified individual” is defined as a person who can perform the essential functions of […]
Sixth Circuit Determines that Transgender Employees are Protected from Discrimination
The 6th Circuit Court of Appeals has ruled that Title VII of the Civil Rights Act of 1964 prohibits discrimination based on a person’s transgender or transitioning status. The case at issue involved an individual (Anthony Stephens) who was born male and who worked at a funeral home in Michigan. Stephens advised the owner of […]
Preventing Harassment and Dealing With It
In this era of “me too”, “time’s up” and growing harassment challenges, it is imperative that employers check their anti-harassment policies and clearly communicate them with descriptions of behaviors that may constitute harassment and examples. Although recent media coverage has focused on sexual harassment, policies should also prohibit conduct that may be based on age, […]
Can an Employee Take FMLA Leave to Care For a Sibling With a Serious Health Condition?
Employers of 50 or more employees must grant eligible employees up to 12 weeks of job-protected unpaid leave for certain qualifying circumstances, including “care for the employee’s spouse, son, daughter, or parent with a serious health condition”. The law does not mention other relatives, such as siblings, grandparents, aunts, uncles, nieces, nephews, or other relatives. […]
6th Circuit Court of Appeals Finds that Offensive Conduct May Be Insufficient to Prove Hostile Environment
In the case of Michelle Bruce v. Meharry Medical College a female physician (Dr. Bruce) filed a lawsuit against her employer (the Medical College) alleging sex discrimination, a hostile work environment, and retaliation for reporting same. Dr. Bruce claimed that the college’s head of facilities, Dr. Ray, was dismissive of her and made belittling comments […]