Can At-Will Employees File a Wrongful Termination Claim? 

Like in many other states, employment in Ohio is considered “at will.” Many believe that being an at-will employee means they can be fired for any reason, at any time, without recourse. While it is true that employers have leeway, this doesn’t mean they can terminate employees for reasons that are discriminatory or retaliatory. At Marshall Forman & Schlein LLC, we are committed to helping employees navigate the complexities of wrongful termination claims. If you were recently fired, it’s important to recognize your rights. 

Legal Rights of At-Will Employees

At-Will Employment Explained

At-will employment allows employers to terminate employees without a reason. However, this does not grant carte blanche to violate state or federal laws. Employees cannot be dismissed for illegal reasons, such as discrimination based on race, gender or age, or in retaliation for certain protected activities.

What Constitutes Wrongful Termination?

There are specific circumstances under which an at-will employee can file a wrongful termination claim:

• Discrimination: Federal and state laws protect employees from being fired due to their race, gender, age, disability or other protected characteristics. If an employee is terminated based on any of these factors, it constitutes wrongful termination.
• Retaliation: Employees are legally protected from retaliation when they engage in certain protected activities, such as filing a harassment complaint or reporting unsafe working conditions. If an employee is fired as a form of retribution, they may have a valid claim.
• Hostile Work Environment: An environment that is discriminatory or harassing can lead to wrongful termination if it results in an employee’s dismissal. This includes environments where inappropriate comments or behaviors are pervasive and severe enough to affect the employee’s work performance or well-being.

Steps to Take If You Believe You Were Wrongfully Terminated

If you suspect your termination was wrongful, it’s essential to take immediate action:

• Document Everything: Keep detailed records of incidents leading up to your termination, including emails, meeting notes and any communications with supervisors or HR.

• Consult with an Attorney: Navigating wrongful termination claims can be complex. Consulting with an experienced attorney can help you understand your rights and determine the strength of your case.

• File a Complaint: In some cases, you may need to file a complaint with the Equal Employment Opportunity Commission (EEOC) or a similar state agency. This step is often necessary before pursuing a lawsuit.

How Marshall Forman & Schlein LLC Can Help

At Marshall Forman & Schlein LLC, our attorneys have over 50 years of combined experience in employment and civil rights law. We are dedicated to leveling the playing field for our clients, offering a robust support system throughout the legal process. Our team will meticulously review your case, provide informed legal advice and craft a strategic plan tailored to your situation.

We understand the stress and uncertainty that can accompany wrongful termination. Our goal is to alleviate this burden by negotiating on your behalf and, if necessary, preparing a comprehensive legal strategy for trial. Our commitment is to fight aggressively for your rights and achieve the best possible outcome for your case.

Reach Out to Us

If you believe you have been wrongfully terminated, don’t hesitate to seek help. Contact Marshall Forman & Schlein LLC for a free consultation. We are here to support you every step of the way so that your voice is heard and your rights are protected. Let us guide you towards a resolution that respects your dignity and upholds the law.