Barkan Meizlish , March 5, 2020
Getting fired hurts. Losing your job creates financial problems and makes you doubt yourself. The pain is even worse if you believe you suffered a wrongful termination.
In Ohio, employers have broad discretion to fire workers for any reason or no reason at all, so long as the reason is not discriminatory. Valid reasons to let an employee go range from poor performance, policy and safety violations, economic considerations, to shifts in priorities that require different skills.
What employers cannot do, however, is fire you in retaliation for exercising your rights to receive fair pay or to work free from discrimination and abuse, or for specifically discriminatory reasons. When that happens, you may have grounds for filing a wrongful termination lawsuit and receiving monetary damages in Ohio. Although, it is important to note, you must have significant proof of the retaliation or discrimination.
Succeeding with a wrongful termination claim is not easy but taking the correct steps when you lose your job will set you on the proper path. Here are five things to do if you suspect your employer fired you illegally.
No matter how good it feels at the moment, cursing out your boss and threatening to sue will not serve you well in the long run. We understand that remaining calm may be a struggle, especially if you have suffered harassment and other forms of unfair treatment leading up to the final notice of your firing. But you will want to resist any urge to create a scene.
If you file a wrongful termination lawsuit in Ohio, your former employer can cite threatening behavior or damage to equipment as valid reasons for ending your time with the company. Do not give them an excuse that a court could accept.
You have the right to know why you are being fired. Also, a company facing a wrongful termination claim must explain why it took what the court will call the adverse employment action.
Getting the stated reason for your termination in writing allows you and your Ohio employment law attorney to build a case for why that reason does not make sense. It may also turn out that the company gives a different reason during the trial then it did when it wrote your termination letter. Calling attention to the shifting explanation can work in your favor.
If you see your wrongful termination coming, forward harassing emails and texts to your personal accounts, keep notes of when and how conversations that you feel are inappropriate occur. Make sure to save performance reviews And other information that reflects well on you as an employee.
Additionally, take notes on threatening or abusive conversations, and keep track of demotions or reassignments that strike you as unfair or done to convince you to quit. All this information can be used to support your wrongful termination claim.
Employers cannot fire an employee if the principal reason for doing so is one or more the following:
If you recognize your situation in the list above, it is time to meet with a Columbus wrongful termination attorney and discuss your legal options. Do not wait long. Several different employee rights laws can be cited in wrongful termination lawsuits, and each has a short statute of limitations.
At Barkan Meizlish, LLP, we offer free, confidential, no-pressure consultations to victims of wrongful termination throughout Ohio. Call us at (614) 221-4221 to learn if we can help you. You can also schedule an appointment online.
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