Newark Wrongful Termination Attorneys
Because Ohio is an at-will employment state, an employer can fire a worker with or without cause to do so. Still, state and federal law have designated certain illegal reasons for termination, including person’s age, race, gender, or disability. It’s also unlawful to dismiss an employee for reporting a violation of workplace regulations. Still, there are some Ohio employers that wrongfully terminate workers based upon discriminatory factors, and the employee suffers the consequences.
It is possible to file a wrongful termination claim against an employer who engages in unlawful discriminatory practices. You should consult with an experienced employment lawyer if you were recently fired and feel discrimination was a factor. In addition, it’s helpful to review some background information on wrongful termination cases.
Ohio Provides Statutory Protections
Wrongful termination occurs when an employer retaliates against an employee for taking part in such protected activities as:
- Filing a workers’ compensation claim;
- Serving as a juror;
- Refusing to commit an illegal act;
- Reporting the employer’s legal violations; or,
- Taking time off work for legal reasons, including medical or military leave.
Ohio and federal law also prohibit employers from discriminating against employees on the basis of:
- Status as a veteran;
- National origin; and,
- Other traits.
Wrongful Termination and Discrimination Claims
Ohio workers who were dismissed as a result of discrimination can file a claim with either the Ohio Civil Rights Commission (OCRC), or the Equal Employment Opportunity Commission (EEOC). There are challenges with determining the best option, because there are different reasons and circumstances involved when comparing the advantages of both agencies. An experienced lawyer can assist with filing and during the agency’s investigation.
Claims on Implied or Written Promises
Employers are also barred from firing a worker if the termination is in violation of a written or implied promise, such as:
- A signed contract to employ the worker for a designated duration;
- A verbal guarantee of continued employment; and,
- Written policies in an employee manual describing discipline and termination procedures.
Though proving wrongful termination can be tough in the absence of a written agreement or contract, it may be possible to establish a claim through other evidence.
Potential Legal Relief
The OCRC and EEOC promote medication as a means of settling wrongful termination disputes between employees and employers. Where mediation doesn’t resolve the matter, a worker may choose to file a lawsuit in court. If successful in proving a claim for wrongful termination, an employee may be entitled to financial damages, including:
- Back pay;
- Future wages;
- Job reinstatement or promotion;
- Damages incurred as a result of termination;
- Attorneys’ fees; and,
- Punitive damages.
A Newark Wrongful Termination Attorney Can Help
Please contact the employment lawyers at Marshall & Forman, LLC if you have questions about how your employer handled your recent termination of employment. Our experienced legal team represents clients in and around Newark, OH, and we’re happy to schedule a case evaluation to discuss your situation.