Understanding At-Will Employment in Ohio
For many Ohio employees, the concept of at-will employment can feel uncertain. In simple terms, at-will employment means that an employer has the right to terminate an employee at any time, for nearly any reason, without prior notice. Similarly, employees can leave their job whenever they choose. While this system offers flexibility, it also raises concerns about job security and workers' rights.
Although Ohio follows the at-will employment doctrine, there are important legal exceptions that protect employees from wrongful termination. Understanding these laws can help workers determine whether their termination was lawful or if they may have grounds to take legal action. This article will break down Ohio’s at-will employment laws, key exceptions, and what steps employees can take if they believe they were wrongfully terminated.
Experienced OH Employment Law Attorneys can help guide you through most legal situations, which is why consulting with a professional can greatly benefit your case.
How At-Will Employment Works in Ohio
In Ohio, at-will employment is the standard rule unless an employment contract states otherwise. This means employers can dismiss employees without providing a specific reason, as long as their actions do not violate state or federal laws. Likewise, employees can quit their jobs without facing legal consequences. However, there are limitations to this rule that workers should be aware of.
Exceptions to At-Will Employment in Ohio
While employers generally have the right to terminate employees without cause, they cannot do so in ways that violate legal protections. The following are key exceptions to the at-will employment rule in Ohio:
1. Wrongful Termination Against Public Policy
Employers are not allowed to fire employees for reasons that contradict public policy. This means that terminations cannot occur due to actions such as:
- Reporting illegal activity or wrongdoing (whistleblowing)
- Filing a workers' compensation claim
- Fulfilling civic duties such as serving on a jury
- Refusing to engage in illegal actions at the employer’s request
If an employee is dismissed for these reasons, they may have grounds to pursue a wrongful termination claim.
2. Discriminatory Termination
Employees in Ohio are protected from termination based on discrimination. Both federal and state laws, including the Ohio Civil Rights Act and Title VII of the Civil Rights Act of 1964, prohibit employers from firing employees based on:
- Race or ethnicity
- Religion
- Gender, including pregnancy, sexual orientation, or gender identity
- National origin
- Age (40 and older, under the Age Discrimination in Employment Act)
- Disability status (protected under the Americans with Disabilities Act)
If an employee believes they were fired due to discrimination, they may be able to file a complaint with the appropriate agency or take legal action.
3. Breach of Employment Contract
If an employee has a written or implied employment contract that guarantees job security, the employer must adhere to its terms. Terminating an employee in a way that violates the contract could be considered wrongful termination, and the employee may have legal recourse.
4. Retaliatory Termination
Ohio law protects employees from being fired as a form of retaliation, which is generally considered when an employer punishes an employee for engaging in legally protected activities, such as:
- Reporting workplace harassment or discrimination
- Participating in investigations against the employer
- Requesting or taking protected medical leave under the Family and Medical Leave Act (FMLA)
Employees who experience retaliation may be entitled to reinstatement, lost wages, or other compensation.
5. Termination Violating the Family and Medical Leave Act (FMLA)
Under FMLA, qualifying employees are entitled to up to 12 weeks of unpaid leave for specific family and medical reasons. Employers cannot fire an employee for exercising their right to take FMLA leave. If an employer terminates a worker for taking protected leave, the employee may have a claim against them.
Steps to Take If You Were Wrongfully Terminated
If you suspect that your termination violated one of Ohio’s at-will employment exceptions, you can take steps to protect your rights:
1. Document Everything
Maintain records related to your termination, including emails, messages, performance evaluations, and any written statements from your employer. Documentation can help support your claim.
2. Review Your Employment Agreement and Company Policies
Check your employment contract (if applicable) and any workplace policies regarding termination. If your employer failed to follow their own policies, it may strengthen your case.
3. File a Complaint with the Equal Employment Opportunity Commission (EEOC)
If you believe you were fired due to discrimination, you can file a complaint with the EEOC or the Ohio Civil Rights Commission (OCRC). These agencies investigate workplace discrimination and may take legal action if violations are found.
4. Seek Legal Assistance
Wrongful termination cases can be complex, and an experienced employment attorney can help you understand your rights and legal options. A lawyer can guide you through the process of filing complaints, negotiating settlements, or pursuing legal action against your employer.
Call Brandon J. Broderick for Legal Help
Losing your job can be stressful, especially if you believe your termination was unfair. If you suspect you were wrongfully terminated, Brandon J. Broderick, Attorney at Law is here to help. Our team has extensive experience handling employment law cases and is dedicated to protecting workers’ rights.
You don’t have to navigate the legal process alone. Contact us today for a free consultation.