what is considered wrongful termination in ohio

3 min read 24-12-2024

what is considered wrongful termination in ohio

Wrongful termination in Ohio, like in other states, means an employer fired an employee illegally. Understanding what constitutes wrongful termination is crucial for both employees and employers. This article will outline the key aspects of Ohio's wrongful termination laws. Knowing your rights is the first step in protecting yourself.

Types of Wrongful Termination in Ohio

Ohio is an "at-will employment" state. This means employers can generally fire employees for any legal reason, or no reason at all, without warning. However, several exceptions exist to this at-will employment rule, making a termination wrongful. These exceptions include:

1. Breach of Contract

If you have a written or verbal employment contract specifying terms of employment (like a specific length of employment or conditions for termination), your employer breaching that contract is wrongful termination. This could involve firing you before the contract's expiration or without meeting the outlined termination conditions. Careful review of any employment agreement is paramount.

2. Violation of Public Policy

This exception protects employees fired for refusing to commit an illegal act, reporting illegal activity (whistleblowing), or exercising a legal right. Examples include refusing to participate in illegal price-fixing, reporting safety violations, or filing a workers' compensation claim. The key here is that the action for which you were fired is protected by law.

3. Implied Contract

Even without a formal written contract, an implied contract can exist based on the employer's actions and statements. This might include promises of job security or a specific process for termination, consistently followed over time. If the employer violates this implied contract, it could be considered wrongful termination. Consistent company practices and communications are important to consider here.

4. Discrimination

Ohio law prohibits employment discrimination based on protected characteristics such as race, religion, sex, national origin, age (40 and older), and disability. Firing someone because of these characteristics is illegal. This also includes retaliation for reporting discrimination. Documented evidence of discriminatory practices is crucial in these cases.

5. Retaliation

Ohio law protects employees from retaliation for engaging in protected activities. This includes filing a workers' compensation claim, reporting workplace harassment, or participating in a legal investigation. Retaliatory termination is illegal, even if the initial claim or report was unsubstantiated. Clear documentation is key in proving a retaliatory action.

What to Do If You Believe You've Been Wrongfully Terminated

If you suspect wrongful termination, act quickly. Here’s what you should do:

Gather Evidence: Collect any documentation related to your employment, including your employment contract, performance reviews, emails, and any communication regarding your termination.
Consult with an Attorney: An experienced Ohio employment lawyer can review your situation, advise you on your legal rights, and help you determine the best course of action. Legal advice is essential to understand your options and potential claims.
File a Claim (If Applicable): Depending on the type of wrongful termination, you may need to file a claim with the Ohio Civil Rights Commission or the appropriate court. Time limits exist for filing these claims.
Document Everything: Keep meticulous records of all communications and actions related to your termination and any legal proceedings.

Seeking Legal Counsel is Key

Wrongful termination cases can be complex. Ohio law has specific requirements and procedures you need to follow. Consulting with an attorney specializing in employment law is essential to protect your rights and pursue your claim effectively. They can assess your situation, advise on the strengths and weaknesses of your case, and represent you in any legal proceedings. Don't hesitate to seek legal advice if you believe you’ve been wrongfully terminated in Ohio.

Disclaimer: This information is for educational purposes only and should not be considered legal advice. Consult with an attorney for advice specific to your situation.