We understand that losing a job can put a major burden on you and your loved ones, especially when it is unexpected. Unfortunately, there are times when employers fire employees unjustly. Although Ohio is an at-will employment state, there are laws in place to protect you from being terminated because of your race, gender, sex, age, religious belief, national origin, military service, or disability. You are also protected from being terminated because of protected activity such as filing for Worker’s Comp, suffering an injury on the job, asking for or using FMLA leave, or acting as a Whistleblower.
If you feel that you were fired unfairly (for example, due to discrimination or retaliation), you may be able to pursue a wrongful termination case. Filing for wrongful termination can be confusing and tricky, which is why working with experienced attorneys is often the smoothest path for you. Mastandrea Law is here to help you understand your rights and build your case.
What is an at-will employment state?
Ohio is an at-will employment state, which means that employers are permitted to terminate any employee at any time, without warning, and for almost any reason so long as it isn’t illegal. For example, an employer is within their rights to terminate an employee simply based upon incompatible personalities between an employee and management.
However, you can stillfile for wrongful termination in Ohio.
While Ohio’s at-will employment status makes filing for wrongful termination a bit more difficult, it is still possible to receive compensation for wrongful termination in the state of Ohio.
The key is to assess the motive behind your termination. Employers cannot fire an employee based on various types of discrimination, for reporting illegal activity, or retaliation. Additionally, employers cannot fire you based on your decision to participate in a protected activity, such as taking medical leave, serving on a court-ordered jury, or filing a worker’s compensation claim. So how do you know if you have been wrongfully terminated?
Signs that you may qualify for a wrongful termination lawsuit:
(Note: this is not an exhaustive list, nor is it legal advice. It’s meant to provide examples of situations where a wrongful termination claim may be an option.)
- Your employer or supervisor referenced your age when firing you.
- Your employer or supervisor made you feel singled out about your religion.
- Your employer or supervisor said or did anything to make you feel that your sexual orientation was an issue.
- You lost your job after whistleblowing.
- You lost your job after coming forward about sexual harassment – whether it was happening to you or to someone else.
- You believe your race or ethnicity may have played a part in you losing your job.
- You lost your job after you refused to do something illegal.
- You lost your job after filing a workers’ compensation claim.
- You lost your job after utilizing maternity leave or another form of family leave.
- You lost your job after fighting to secure unpaid wages, commissions, or overtime.
- Your co-workers or someone in management tells you that you were fired on the basis of discrimination.
Wondering what to do if you can relate to any of the above scenarios?
Our attorneys can help you hold your employer accountable. There are several factors that play into it, including the size of the company. But rest assured, we will do everything we can to help you get the best possible outcome for you and your family. We know it can be scary and difficult but you are not alone.
If you believe that you have been wrongfully terminated and are looking for help, look no further than Mastandrea Law. Contact Mastandrea Law today for a free consultation. We would be happy to guide you through each step of the process.