Introduction to Wrongful Termination Law
When you are let go from a job, it never feels right. But the termination is only “wrongful,” legally speaking, under certain conditions. Most employment relationships in Ohio are “at will,” which means that either party can decide to end the relationship at any time, for any reason (or even for no reason). Even if the reason for firing the employee seems completely arbitrary, it may not give you the right to file a lawsuit. But “at will” employment does not give employers carte blanche to fire any employee at any time.
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When is Being Fired From a Job “Wrongful” Termination?
Terminated employees can sue for wrongful termination if they have an “employment contract” prohibiting the employer from discharging the employee without cause. They may also file suit if the firing was motivated by discrimination or for a reason that violates public policy. It is unlawful to terminate someone based on a legally protected ground, such as race, age, gender, disability, and religion (or in retaliation). A wrongful termination claim may be based on any of the following actions:
- Discrimination on the basis of race, sex, pregnancy, disability, age, etc.
- Retaliation for reporting discrimination or harassment
- Termination to deprive employee of earned benefits
- Constructive discharge or creating a hostile work environment
- Violation of public policy (for instance, if an employee complains to OSHA about safety concerns and is fired for doing so
Contact The Durst Law Firm if You Are Wrongfully Terminated
If you believe you have been wrongfully terminated, an experienced employment attorney can explain your rights, give you advice based on your particular situation and explain the pros and cons of taking action. Likewise, if your business is being sued for wrongful termination or retaliation, or if an Ohio Civil Rights Commission (OCRC) or Equal Employment Opportunity Commission (EEOC) charge has been filed against you, an experienced attorney can provide guidance on the best strategy to address and fight the accusations. Call us today at (513) 621-4999 to speak with an employment attorney, or call Alex's direct line at (513) 621-2500.