Like most states, Ohio is an at-will employment state. This means that an employee can be fired for no reason, or any reason, even if it’s a bad reason, so long as the reason is not unlawful. Unless you have signed an employment agreement or belong to a union, you are an at-will employee in Ohio. If you are facing an injustice at work, seek an experienced wrongful termination lawyer in Ohio from Dyer, Garofalo, Mann & Schultz.
The most common so-called “wrongful terminations” are due to discrimination, retaliation, and violation of public policy. If the termination is unlawful, and it can be proven, you may have recourse against your Employer.
Title Vll of the Civil Rights Act of 1964, 42 U.S.C. 2000d et seq., prohibits discrimination in employment on the basis of any of the following characteristics:
Ohio’s Civil Rights Act adds military status and ancestry to the list of protected characteristics.
Other federal laws provide additional protections for pregnant employees, older employees, and employees with disabilities.
Additionally, the Supreme Court held in a recent decision that Employers may not discriminate against LGBTQ people. Bostock v. Clayton County, 590 U.S. (2020).
Workplace retaliation occurs when an employer punishes or fires an employee for engaging in a so-called “protected activity.” Examples of these types of activities include:
The retaliation that an employee might experience from an employer for engaging in protected activities includes:
A situation where an employee is terminated for engaging in a protected activity is relatively straightforward. But where the retaliation is something less than termination, an employee may be able to show “constructive discharge.” In Ohio, constructive discharge requires a showing that the employer’s conduct is so severe or pervasive that it alters the conditions of the employee’s employment and creates an abusive working environment. Daniels v. Pike Cty. Commrs., 706 Fed. Appx. 281, 287 (6th Cir. 2017).
Since 1990, Ohio has recognized a “wrongful termination in violation of public policy” exception to Ohio’s employment-at-will doctrine. Greeley v. Miami Valley Maintenance Contrs., 49 Ohio St. 3d 288 (1990). The claim was available if:
A recent Ohio Supreme Court case appears to have diluted this public policy exception to the employment-at-will doctrine. House v. Iacovelli, 159 Ohio St.3d 466 (2020). In this case, the plaintiff was a restaurant server who alleged that her Employer underreported her earnings to the state, which would have resulted in reduced unemployment compensation to her. The court dismissed the case, finding that the statute in question did not contain an individual employee remedy, and noting that Ohio has methods to protect the public policy of the accurate reporting of Employee earnings.
If you’ve faced injustice at work, reach out for legal guidance without delay!
A number of remedies can be imposed for wrongful termination. These include compensatory damages such as back and front pay; punitive damages against the employer for violations of law; attorneys’ fees and costs incurred by the Employee; and reinstatement to the position. The precise legal remedies will be based on the specific legal claims that are made.
Under Ohio’s new Employment Law Uniformity Act, which took effect in April 2021, damages caps are as follows:
In an at-will employment state like Ohio, employers are allowed to be irrational, rude, or unfair, unless they run afoul of the legal principles above.
Wrongful termination is difficult to prove in the best of cases, and it frequently pivots on the intent of the employer. Additionally, these types of lawsuits have strict deadlines and filing requirements. An experienced attorney in the wrongful termination law in Ohio can help you objectively assess the evidence and determine whether it makes sense to move forward with a lawsuit. Get in touch today for a free consultation to see how we can help.
Before establishing Dyer, Garofalo, Mann & Schultz L.P.A., Doug Mann, a top Ohio Injury Attorney served as a bodily injury claims adjuster at a major insurance firm. With over 40+ years of experience, Doug’s background has proven invaluable in securing maximum cash settlements for his clients swiftly. Since leaving the insurance industry, Doug has devoted his entire legal career to assisting injured clients during their times of greatest need.
Facebook | Twitter | LinkedIn | YouTube
