Employees who are fired for discriminatory reasons in Ohio or for exercising certain legal rights may have a wrongful termination claim. Ohio, like many states, is an at-will employment state where no contract exists between the employee and employer. This means the relationship between the two parties may normally be terminated at any time.
What Are My Rights in Wrongful Termination?
Because Ohio is an at-will employment state this means that an employer can fire an employee without having to give a reason for the firing or without prior warning, as long as the reason is not illegal. For example, an employer may fire an employee if a poor, irreconcilable relationship has developed between the employee and a staff member who holds a higher position than the employee. However, if it is found the employee has been fired due to workplace discrimination in Ohio he or she may be eligible to sue the employer for wrongful termination. Overall, the rule is that an employee may be terminated for a good reason, bad reason, or no reason at all. Similarly, the employee can leave a job without giving any reason to the employer.
Out of the 50 states, Montana is the only state that requires the employer to provide a reason when dismissing an employee except when an employee is asked to complete a probationary period at work. If the time of probation isn’t directly specified by the employer it can be up to 6 months. If an employer wishes to fire an employee, it must have a fair, work-related reason which could include if the employee fails to perform job duties satisfactorily or takes part in actions that disrupt the business operations of the employer. Under no circumstance under employment discrimination laws, are Ohio state employers allowed to discriminate or fire based on race, color, sex, national origin, religion, pregnancy, age, disability, marital status, AIDS/HIV, or sickle cell trait.
If you have been dismissed and you believe it was due to discrimination you have the right to sue your employer for wrongful termination.
Suing for Wrongful Termination
The three main reasons that may result in wrongful termination in Ohio are retaliation, discrimination and violation of public policy. An employee may be wrongfully terminated if he or she has filed a complaint with the Equal Opportunities Commission (EEOC) or reported an act of sexual harassment to the employer’s HR department and the employer has decided to retaliate by wrongfully terminated the employee.
Secondly, if the employer fires you based on your gender, race, pregnancy status, religion, disability, nationality or another protected feature as determined by either Ohio or federal law this may be wrongful termination as well.
Thirdly, is a violation of public policy where Ohio law protects employees when they are engaged in certain activities such as being fired just when they are about to file a workers’ compensation claim. If you have been wrongfully terminated for any of these reasons Ohio employment laws allow a number of remedies for victims of wrongful termination.
Remedies for Wrongful Termination
- Back pay is offered to compensate you for lost wages from the date you were terminated up to the date of the trial.
- Front pay is the compensation your employer is expected to provide from the date of the trial into the future depending on when you start a new job.
- Out-of-pocket expenses tom cover you for additional costs you must bear when seeking another job.
- Pain and suffering are often part of a wrongful termination compensation payment which is for the mental anguish, emotional turmoil, discomfort and decrease in the quality of life due to the wrongful termination.
- Attorneys' fees, filing fees and costs are paid by your employer if you win the case.
- Punitive damages may be awarded to you if the conduct of your employer was particularly egregious and the punitive damages payment is a way of punishing your employer for this behavior.
Federal law has a cap in place on the value of the payment an employee can be awarded for compensatory damages which are out-of-pocket expenses and pain and suffering combined and punitive damages. The caps are based on the size of the employer’s workforce which are:
- for 15 to 100 employees the cap is $50,000;
- for 101 to 200 employees the cap is $100,000
- for 201 to 500 employees the cap is $200,000;
- for more than 500 employees the cap is $300,000.
Get Help Today
When it comes to seeking compensation for wrongful termination in Ohio it is a good move to seek help from an attorney who will help you through this often difficult process.
