Legal FAQ's

All questions and answers list on this page are considered to be factual. However, each legal case is different. Therefore, we encourage you to seek legal council based on the specifics of your individual case. Question: The Company I work for has asked me to do something I believe may be illegal. Can I be fired for reporting illegal activity? Answer: If you participate in illegal activity on behalf of your employer you could also be held accountable if you knew or should have known the activity was illegal. Also, it may be considered wrongful discharge under the “Ohio Whistleblower Statute” if you are terminated for reporting illegal activity. To fall under the statute's protection, you must do the following:   •Give your employer oral and written notice of the alleged illegal activity.   •Report the illegal activity to the appropriate regulatory agency or law enforcement agency. Question: Are wholesale car lots required to tell you of any know problems with a car before the purchase is made? Answer: Wholesale car lots must comply with the Consumer Sales Practices Act and the Ohio Administrative Code when selling vehicles to consumers. “Unfair or deceptive” sales practices are prohibited. Exactly what is unfair or deceptive depends on the facts and circumstances of the situation. If a vehicle is advertised as is, the rule of the law is “buyer beware” and the dealer is not required to volunteer information. However, if you specifically ask a question about the vehicle's history, the seller must be truthful. Any representation made must be truthful or the seller violates the Act and is liable for treble damages. Misleading verbal statements also violate the Act. Question: When a prospective employer calls my former employer to get a job reference to see what type of employee I was etc., is my former employer obligated to give that reference? I can't get the job if they don't give the reference. Could this be a form of discrimination? Answer: Ohio law does not require a previous employer to give a reference. Employers are actually given a great deal of discretion with positive and/or negative references to prospective employers. For the most part the quality of your performance involves the individual's opinion. It impossible to determine if the lack of a response is based upon discrimination. You should contact an attorney who may be able to stress the importance of a recommendation to your previous employer. We suggest you obtain recommendation from a co-worker. Question: Can a sole heir of someone who dies “intestate” be held personally responsible for the descendents debts? Answer: No. Unless the heir committed some type of fraudulent conveyance with respect to the decedent's assets an heir cannot be held responsible for a decedents debts whether or not the decedent had a will. There are certain debts that a “surviving spouse” may be responsible for depending on the nature of the debt. We recommend that you consult with your local attorney. Question: What is a civil protection order? Answer: A Civil Protection Order is a decree issued by a County Common Please Court for the county in which the “protected person” resides. This order is issued in menacing or stalking cases after a petition is filed with the court. An initial order can be issued without a hearing, however, a hearing must be held later for the parties to present evidence. After the court issues an order, a violation is a criminal offense. The offender could go to jail or prison. Local attorneys and the Seneca County Victim's Advocacy (419) 448-0570 assist the public with these Civil Protection matters.