Fairfield County Wrongful Termination Attorneys
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.
When is a Termination Illegal?
Unfortunately, there are many instances in which a termination may be considered illegal. These include:
- Discrimination: Employers cannot terminate employees based on their gender, race, religion, age, national origin, disability, or military status.
- Retaliation: Employers cannot retaliate against employees by firing them when a worker has engaged in certain activities. These include reporting wage violations, requesting or taking leave under the Family and Medical Leave Act (FMLA), or filing a workers’ compensation claim. Employers also cannot fire employees when they oppose discrimination or if they participate in a discrimination investigation.
- Illegal acts: If an employer asks an employee to commit an illegal act and the employee refuses, the employer cannot then terminate the worker.
- Contractual provisions: Employment contracts often include reasons for which an employee can be fired, as well as the procedures that must be followed when terminating the employee.
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.
Constructive Discharge Wrongful Termination
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.
Our Ohio Employment Lawyers can Help with Your Wrongful Termination
If you have been wrongfully terminated, our Fairfield County employment lawyers at Marshall & Forman, 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.