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An Ohio employment contract is a written agreement used by an employer to establish the terms and conditions of an employee’s position at their company. This document will outline the employee’s duties and responsibilities, type of employment (full-time or part-time), wages, benefits, vacation time, personal leave, and employment period (at-will or specific timeframe).
The employer is also able to establish under what circumstances the contract can be terminated by either party, how many days’ notice must be provided, and whether or not the employee will be entitled to severance. However, it’s important to note that while the employer has a right to institute these rules, the employment contract must be drafted and executed in accordance with state labor laws.
Contents |
Types (2)
Independent Contractor Agreement – A written contract establishing an exchange of services for compensation between a contractor and client.
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Subcontractor Agreement – A document that outlines the arrangement made between a contractor and a subcontractor.
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Laws
- Labor Statutes: Title 41
- Definition of Employee: § 4111.14(B)(1)
- Minimum Wage: $8.80/hr (Ohio Dept. of Commerce)
- Overtime: One and a half (1 ½) times the hourly wage after 40 hours worked in a week (§ 4111.03(A)).
- Record Keeping: Records of each employee’s name, address, occupation, wages, and hours worked must be kept for a minimum of three (3) years (§ 4111.08).
At-Will Employment
Permitted? Yes, both the employer and employee have the right to terminate the employment relationship at any time without cause, as long as the cause of termination doesn’t fall in one of the following categories:
- The employment contract requires either party to have just cause for terminating the relationship.
- An employment contract is implied, but not made in writing; the employee will have to prove that company policy only allows for termination with just cause.
- Employer makes a promise they didn’t keep, and employee makes a promissory estoppel claim.
- Legally protected characteristics (e.g., gender, race, religion, sexual orientation).
- Public policies (e.g., employee takes time off to vote, to serve as a juror, to serve in the military).