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Need help with the laws of Ohio...


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Ok, so I got fired today at the end of my shift. My boss/the owner said "I don't think we need you anymore"

 

Now right before this happend I was writing down my times for the day on a sheet I had been keeping track of for the week. Now he questioned me as to why I was doing that and I told him it was because the computer automatically clocks you out at the time you were scheduled off if you don't clock out within 5 minutes of that time.

 

Well the last 4 days we have worked between 20-30 minutes AFTER closing because of customers, yet the computer system/timeclock wasn't registering, so I told him I wanted to get paid for that time and that's when he told me I was fired.

 

I thought to myself, WTF?? And asked him why, he didn't have a reason he said and said he didn't want to talk about it then, so I made an appointment with him on Monday to talk about it, but what can I do about this?

 

He had no good reason at all, I was ALWAYS early, ALWAYS did my job correctly and thoroughly and he had even complemented me on my work a few days earlier, now this????

 

Anything I can do about this guys?

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You have legal rights and some leverage. These may help:

 

http://www.lsc.state.oh.us/membersonly/employment.pdf

 

"Every covered employer must keep certain records for each non-exempt worker. The Act requires no particular form for the records, but does require that the records include certain identifying information about the employee and data about the hours worked and the wages earned. The law requires this information to be accurate."

 

"Many employees work on a fixed schedule from which they seldom vary. The employer may keep a record showing the exact schedule of daily and weekly hours and merely indicate that the worker did follow the schedule. When a worker is on a job for a longer or shorter period of time than the schedule shows, the employer must record the number of hours the worker actually worked, on an exception basis."

 

"What About Timekeeping?: Employers may use any timekeeping method they choose. For example, they may use a time clock, have a timekeeper keep track of employee's work hours, or tell their workers to write their own times on the records. Any timekeeping plan is acceptable as long as it is complete and accurate."

 

http://www.dol.gov/elaws/esa/flsa/hoursworked/default.asp

 

"The amount of pay due an employee cannot be determined without knowing the total number of hours actually worked by that employee in each workweek. An employee must be paid for all of the time considered to be hours worked and all time that is hours worked must be counted when determining overtime hours worked."

 

http://www.dol.gov/esa/regs/compliance/whd/whdfs21.htm

 

See: four criteria which must be satisfied....

 

If they are violating State or Federal Law, you have a case!

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As Jerrad said, I was in the EXACT situation you were in, to the T.

 

I cannot say publicly what happened, but I can say you're not screwed and the Fair Labor and Standards Act of 2004 covers you, and then some.

 

"At will" termination is a thing of the past, even in Ohio. Make a plan to come see me, I can show you some paperwork and give you the name of a badass attorney.

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sorry to hear about the job loss, If defentialy sucks I have been there many times (just ask Rotarded :) ).The only real advise i have is to file for unemployment and get that ball rolling. Now i don't know where you worked at but I can tell you we are hiring at Simpson (I work there part time its a great place and easy work). They are getting ready to bring on 12 to 14 people for 2nd shift (they call it third) its 4 12 shifts and every other fri for 4 hrs (mandotory OT), moneys good and works really easy. If you want more info PM and or check out my post in the Meat Market.
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