Wrongful termination occurs when an employer has illegally fired you. Ohio is an ‘at-will’ employment state, which means employers can hire and fire anyone for nearly any reason. Under the at-will employment statute, employees can also quit their job at any time. Still, there are times when firing an employee is illegal and that is considered a wrongful termination. After being wrongfully terminated, employees can file a lawsuit against their boss to claim back pay and other losses.
Unfortunately, there are many instances in which a termination may be considered illegal. These include:
Employees who have been wrongfully terminated have many different legal remedies available to them. Victims of wrongful termination can file a lawsuit against their employer to recover damages such as back pay, benefits, attorney’s fees, emotional distress, and more.
Not all wrongful terminations are as obvious as the scenarios indicated above. Sometimes, the work conditions for employees are so intolerable that workers are forced to quit. This is known as a constructive discharge wrongful termination. Both federal and state law provide that when a reasonable person would not be able to work in the same conditions, then the employee may quit and it is considered a wrongful termination.
A constructive discharge wrongful termination case is difficult to prove. Some courts have decided in favor of employers, saying the employee was simply disgruntled, or that there was only one condition that was less than ideal. Before quitting, employees should report the poor conditions and try to resolve the issue. Employees should also make their complaints in writing.
The courts will typically not find constructive discharge wrongful termination when an employee provides notice. This is due to the fact that in order for constructive discharge wrongful termination to occur, the environment must be so toxic that the employee must leave immediately.
If you have been wrongfully terminated, our Fairfield County employment lawyers at Marshall Forman & Schlein LLC are here to help. We can advise on whether your termination was illegal and if it was, we will walk you through the process of filing your claim to help you secure the full amount of damages you deserve. When you have been wrongfully terminated, call us or contact us online so we can review your case.
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.
I know, I put 5 stars on everything regarding Edward's evaluation and it seems unrealistic, but, believe me!- when you don't know whom to turn to, who can help you, and being pushed around from one attorney to another,- it is extremely satisfying to just get a moment of a…
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.