If you have ever been wrongfully terminated, you know how frustrating it can be. But how do you know whether you have a legal wrongful termination claim? Although employment in Ohio is governed by the common law doctrine of employment-at-will, there are, of course, exceptions. Below, we discuss some of the circumstances that can give rise to your ability to sue for wrongful termination and, in some circumstances, bring connected claims:
Any employer can be sued for wrongful termination, including but not limited to NGOs, private businesses, and governments.
In Ohio, any employee who is discharged in violation of an express or implied contract, law, or public policy, is considered to have been “wrongfully discharged” and can sue:
Wrongful Termination in violation of public policy: In these circumstances, a plaintiff can argue that, even if they were an ‘at-will’ employee, their termination qualifies for an exception because it implicates major public policy concerns and is thus subject to an exception for the tort of wrongful discharge in derogation of public policy. In some circumstances, plaintiffs will point to the Ohio whistleblower statute to support this claim.
Violations of the Age Discrimination in Employment Act (ADEA): This law protects individuals who are at least 40 years old and prevents employers from discharging them due to their age. The terminated employee must prove that age was the cause of their employer’s decision to discharge them.
Violations of the Americans with Disabilities Act (ADA): This law makes it illegal to discriminate against a qualified employee on the basis of disability with regard to job applications, procedures involved in the hiring process, advancement, discharge, compensation, training, and any other terms, conditions, and privileges of employment.
Depending upon the circumstances, employers can also be sued for the following in connection with a wrongful termination claim:
If your claim goes to trial, it will be decided upon by a jury versus a judge. However, some employers will also offer a settlement to try to avoid going to trial, especially if there is evidence indicating that the employer engaged in egregious conduct, which can sometimes result in larger jury awards. In addition, by going to trial and obtaining a verdict in your favor, you risk the employer requesting that the judge reduce the damages awarded, overturn the verdict, and provide them with a new trial. There is also always a risk that the damages awarded may not be released and paid, depending upon the employer’s financial circumstances.
If your claim goes to trial and the jury sides with you as the plaintiff employee who has been wrongfully terminated, you can be awarded back pay, future wages, attorney’s fees, and, in some circumstances, additional damages.
If you have concerns that you have been wrongfully terminated, contact our Columbus, Ohio, employment law attorneys today to find out how we can help.
I have nothing but good words for this law firm, especially for Helen Robinson, who worked with me in my employment case. She is very good at what she does, very knowledgeable, friendly, warm, and responsive. Every time we talk, she makes sure that I get the answers I need…
When I first contacted Helen Robinson, I felt hopeless and beaten down by my situation. With few resources, I was still desperate to right the wrong that was done to me. From our very first consultation, Helen was empathetic, knowledgeable, and transparent. She placed the power back into my hands.…
Marshall Forman & Schlein was a wonderful firm to work with. From the very first zoom conversation, I felt heard, validated, and justified. John and Sam know employment discrimination law very well and helped guide me through the process. Every step of the way, I had their support. It was…
I must say that this Law Firm was very responsive, informative and very concerned about my situation. Thank you for being so compassionate (Attorney Robinson).
The staff at this firm are incredibly kind! They also got back to me very quickly which I appreciated! Helen Robinson was absolutely wonderful and incredibly professional! She was clear and concise and answered every question I had with honesty. She made sure to explain everything in a way I…
My partner and I had worked together at a company that caused us many problems. Helen was very insightful and offered a solution to our unique problem. Everything went smoothly with Helen guiding us and the situation and we are beyond pleased with the results. We highly recommend her!
I got fantastic help from Maddie Rettig. I wish I could explain how great she was.
The staff at this firm are incredible. They want to know your story but, more than that, they want to know you. They get to know your heart and spirit so that they can serve you personally and effectively. My experience was refreshing and I felt cared for. Their work…
Would highly recommend Maddie Rettig! Very knowledgeable of all laws and regulations. She kept me informed every step of the way and was very transparent about what was going on. Very pleased customer and would refer anyone I know who needs legal counsel to Maddie!
John Marshall is a very skilled and competent attorney. I am very thankful for his professionalism, knowledge and guidance in dealing with a very difficult situation. John Marshall is someone I would highly recommend for any employment and civil rights needs.
Attorney Advertising. This information is designed for general information only. The information presented should not be construed to be formal legal advice nor the formation of a lawyer/client relationship. Past results and testimonials are not a guarantee, warranty, or prediction of the outcome of your case, and should not be construed as such. Past results cannot guarantee future performance. Any result in a single case is not meant to create an expectation of similar results in future matters because each case involves many different factors, therefore, results will differ on a case-by-case basis. By providing certain contact information herein, you are expressly authorizing the recipient of this message to contact you via the methods of communication provided.