If you have just been fired for what you believe may have been an illegal reason, you may be able to seek compensation or restoration of your job due to wrongful termination laws in Ohio as well as federal wrongful termination legislation.
It’s not always easy seeking redress after wrongful termination as Ohio, like many other states, is an at-will employment state. You do need to be able to show clear evidence that your employer was acting illegally when you were fired. The main reasons for illegal termination are:
- discrimination;
- retaliation;
- violation of public policy.
What is the Ohio Civil Rights Act?
In Ohio, the state’s own Ohio Civil Rights Act sets out what is considered as wrongful termination. When an employer fires an employee because they belong to one or another “protected classes” then this may be wrongful termination. Protected classes include gender, race, ethnic group, color and religious affiliation.
The Civil Rights Act also makes it illegal to fire an employee because of retaliation. Retaliation includes firing an employee who has refused to do something illegal at work, has filed a claim for workers’ compensation, demanded minimum rates of pay, or who has exposed illegal activity at work.
Termination because of a violation of public policy includes firing someone because they have done jury service, gone to vote or served in the National Guard.
What Other Laws Protect Workers?
The federal Title VII of the Civil Rights Act and its amendments is equivalent to the state laws and there is a lot of overlap between these two sets of legislation.
Ohio, like most other states in the U.S. is an at-will state for employment. This means that if you are a waged employee without a specific employment contract, or are in an un-unionized job, your employment can be terminated for almost any reason. You can also leave your job without giving a reason, but in most cases at-will employment affects you more than your employer.
There are some exceptions to the reasons for legally terminating your employment, even if you are employed on an at-will basis. Employers cannot fire you if they are breaking either the state of Ohio’s wrongful termination laws or the federal equivalent as explained above.
How to File a Wrongful Termination Claim in Ohio
When you have been terminated in what you believe to be an illegal termination, you can either bring your complaint to the Equal Employment Opportunities Commission (EEOC), which is a federal agency, or the Ohio Civil Rights Commission, which regulates and enforces state anti discrimination laws. The EEOC investigates incidences of wrongful termination when an employee was employed in workplaces with 15 or more employees, so if you were employed in a smaller workplace, you should file your complaint with the state agency.
When you file your complaint with either agency, ensure you have proof that the employer acted illegally, i.e. your termination was a breach of either state or federal law. Give evidence that backs up your claim. The agency with which your claim was filed will appoint an investigator to assess your claim. This may involve interviewing you and/or your former employer. If a clear breach of employment law is found, the employer may be forced to offer you employment again or there may be fines and other penalties. If the EEOC or state body cannot satisfactorily resolve your claim, you may be given permission to sue your employer through the civil court in the form of a “right to sue” letter.
Get in Touch With a Lawyer That Takes Ohio Wrongful Termination Claims
If you were wrongfully terminated, there are laws that may help you to seek compensation from your employer. It can be challenging bringing a wrongful termination claim. May want to use an employment law attorney to help you with your claim.
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