Lancaster Wrongful Termination Attorneys
Ohio is an at-will employment state, which means an employer can fire an employee without cause. However, there are some illegal factors under state and federal law, including the person’s age, race, gender, or disability. Other unlawful conduct is firing a worker for reporting certain types of workplace matters. Regardless of illegality, some Ohio employers do terminate employees for wrongful, discriminatory reasons, leaving the worker in financial dire straits.
If you were recently dismissed and believe that discrimination was involved, you may have a claim for wrongful termination against your employer. However, you should discuss your circumstances with an experienced employment lawyer who can tell you more about your options. In addition, you may find it useful to review some information on how wrongful termination cases work.
Ohio Law Provides Protection
Wrongful termination may occur where an employer retaliates against an employee for engaging protected activities, such as:
- Filing a claim for workers’ compensation;
- Jury duty;
- Refusing to violate the law;
- Reporting workplace violations to authorities; or,
- Taking time off work for reasons covered by statute, including medical or military leave.
Ohio and federal law also prevent employers from discriminating against workers on the basis of:
- Status as a veteran;
- National origin; and,
- Other factors.
Filing a Discrimination Claim
Ohio employees who were terminated based upon discrimination can file a claim with either the Ohio Civil Rights Commission (OCRC), or the Equal Employment Opportunity Commission (EEOC). Determining the best route can be challenging, as choosing the right agency depends on the specific details of the case. A knowledgeable attorney can help you navigate the filing process and will assist throughout the investigation.
Claims Based Upon Implied or Written Promises
Employers are also barred from firing an employee if the termination is in breach of a written or implied promise, such as:
- A guarantee of employment through a certain date;
- Oral assurances of continued employment; and,
- Written provisions in an employee handbook designating discipline and termination procedures.
Though there may be challenges in establish wrongful termination in the absence of a written document, it may not be necessary to show a signed agreement to prove a claim.
The OCRC and EEOC encourage employers and employees to settle wrongful termination disputes through mediation. However, where mediation is ineffective, an aggrieved worker may opt to file a claim in court. If successful in proving the case, he or she may receive such financial damages as:
- Back wages;
- Future wages;
- Restatement or promotion;
- Compensation for losses resulting from termination;
- Attorneys’ fees; and,
- Punitive damages.
A Lancaster Attorney Can Assist With Wrongful Termination
If you’re a Lancaster, OH resident and have doubts about how your employer handled your recent termination of employment, please contact the experienced employment attorneys at Marshall & Forman, LLC. Our legal team is happy to answer your questions or schedule a consultation to discuss your situation.