If you have been wrongfully fired from jobs, you probably suffered financial or career-related difficulties caused by the unlawful incident. An unlawful termination can harm an employee’s professional reputation and make it hard to advance professionally.
If you have experienced a wrongful termination in Ohio, you may have rights to pursue legal action against your former employer. After being wrongfully terminated, you should identify the discrimination or retaliation that you experienced and the law your employer violated.
What is a wrongful termination? Wrongful dismissal occurs when an employer breaks a federal or state law when firing an employee. You may have been wrongfully fired in OH if you were discriminated against, fired with ill intent or retaliatory motives from your previous employer.
To learn how to handle being wrongfully terminated from jobs and the legal process, review the sections below:
- Types Of Illegal Termination in Ohio
- Types Of Legal Termination in Ohio
- At-Will Employment Exceptions in Ohio
- Filing a Discrimination Charge With The Equal Employment Opportunity Commission in Ohio
- Filing a Lawsuit Against Your Employer in Ohio
Ohio Unemployment Resources
Types of Illegal Termination in Ohio
The types of illegal termination of employment that are against the law throughout the U.S. include firing due to discrimination or retaliation. Specific types of illegal firing occur when an employer fires a worker based on his or her ethnicity, age, disability, gender, disability, nationality or veteran status.
Retaliatory types of unlawful termination in OH can occur when employers terminate employees who have open claims against the company, such as a sexual harassment lawsuit. These types of illegal dismissal of employees develop when an employer has malicious intent when terminating an employee, like discontinuing the worker’s compensation an employee is rightfully receiving.
If an employee suspects one of the types of illegal terminations in Ohio transpired during his or her firing, legal action can be sought after. These types of unlawful terminations from employment are identified as an employee’s cause of action to pursue a claim against the former employer.
Types of Legal Termination in Ohio
There are legal reasons for terminating employees in Ohio that allow employers to stay within the guidelines of federal and state laws. Some types of legal termination of employment are available to use by an employer such as terminating a worker at the end of the employment contract or for declining job performance. Types of legal firing in OH also include dismissing an employee because of the closing of the business or downsizing, which has led to a layoff.
When an employer claims one of these types of legal termination in Ohio upon dismissal, the employee may not have a right to sue. These types of legal dismissal of employment have not broken any laws and the employee cannot identify a specific cause of action for legal pursuit.
At-Will Employment Exceptions in Ohio
Three main exceptions to at-will employment are recognized as additions to the at-will employment law by certain states. The at-will employment exceptions in Ohio only include two of these exceptions. These exceptions to at-will employment are:
- The public-policy exception, which disallows firing by an employer when it violates a known public policy.
- The implied-contract exception, which forbids an employer from dismissing a worker when an implied contract is currently in place.
One of the at will employment exceptions in Ohio not recognized by the state is the covenant of good faith and fair dealing exception, which prohibits employers from acting in bad faith or with spiteful intent when dealing with an employee.
What is employment at will? This law declares that an employer and employee enter an at-will relationship when they agree to work together. Either party can terminate this relationship at any time for any legal reason. Employees experiencing a termination may question, “Is Ohio an at will state?” Almost every state in the U.S, including Ohio, observes the at-will employment law.
Filing a Discrimination Charge With the Equal Employment Opportunity Commission in Ohio
Filing a charge of discrimination in Ohio with the Equal Employment Opportunity Commission (EEOC) is the first step to seeking legal action against a previous employer. The process for how to file an EEOC employment discrimination charge starts by submitting this claim to the Cincinnati district office no later than 180 days after the incident occurred.
When going through the process for how to file a charge of employment discrimination, a terminated employee will need to provide details of the incident to the EEOC for an investigation into the claim.
After you file a wrongful termination charge, the EEOC has several different actions it may choose to take once the agency investigates your case and deems it valid. Some of these outcomes include:
- The EEOC suggesting a mediation program between you and your employer, which can take up to three months to complete if both parties cooperate.
- The attempt to conclude a voluntary settlement with your employer, which takes an average of 10 months to complete.
- The EEOC granting you the Notice of Right to Sue your former employer if neither the mediation or settlement are successful.
Filing a Lawsuit Against Your Employer in Ohio
Can I file a lawsuit for wrongful termination? Before you can file a lawsuit against employers for wrongful termination, you will need a Notice of Right to Sue granted by the EEOC for your claim. If you are attempting to file a lawsuit against an employer in Ohio, keep in mind that you must provide crucial evidence to prove your claim in a court of law.
After filing a wrongful termination claim against employers, you will need to show detailed documentation of events and conversations, as well as witness testimonials in court.
The process for how to file a wrongful termination lawsuit can be easier to attempt with the help of an attorney. When suing for wrongful termination in Ohio, many terminated employees hire a lawyer for assistance with gathering evidence and pinpointing a cause of action.
Last Updated: October 18, 2022