Employees in Ohio have the right to terminate an employee from their position for any reason, even if it is unfair. However, employers cannot fire employees when violating Ohio and federal employment laws. Additionally, an employer cannot fire an employee for violating an employment contract signed by the employer and the employee. If you have been terminated from your employment, it is important that you understand your rights. You may be compensated by pursuing a wrongful termination claim against your employer.
Fighting for Cincinnati Employees in Wrongful Termination Cases
If you have been fired from your job unlawfully, talk to an experienced employment attorney. You may have a valid claim for compensation through a wrongful termination lawsuit. Cincinnati-based HKM Employment Attorneys have helped many employees hold their employers accountable for wrongfully terminating their employment. We will review your case and help you understand whether you have a valid claim for compensation. Contact HKM Employment Attorneys to learn more about how we can fight for your rights.
Types of Wrongful Termination Cases We Handle
HKM Employment Attorneys Have successfully represented clients in many different types of wrongful termination cases. In Ohio, employment is considered to be on an at-will basis. The employee or the employer may terminate the employment relationship without giving notice. they do not have to provide cause or a reason for terminating the employment or quitting.
However, if a contract exists between the employee and the former employer, the employer can violate the terms of the contract by not firing the employee with cost. Additionally, employers cannot fire employees for illegal reasons. In other words, an employer can be guilty of wrongful termination for violating state or employment law by firing you. Some of the most common illegal reasons for employers to terminate an employee include the following:
- Firing an employee based on their sexual orientation, gender, age, race, disability, pregnancy, marital status, religion, or another protected class
- Firing an employee who has been injured because the employee filed for medical compensation and other employment benefits
- Firing an employee who acted as a whistleblower by reporting illegal or unlawful activity
- Firing an employee in retaliation for the employee going on a leave of absence for a family medical emergency or the birth of a child
What Constitutes a Wrongful Termination in Ohio?
Wrongful termination occurs when an employer fires an employee in violation of one of many anti-discrimination laws. Federal and state laws protect employees from being discriminated against based on race, sex, age, gender, sexual orientation, and many other protected classes. When an employer fires an employee for one of these reasons, they violate the specific statute that protects the employee.
For example, If an employer fires an employee based on race, doing so is considered a violation of Title VII of the Civil Rights Act. You may pursue a state or federal claim depending on your case’s specifics. There are tight deadlines for filing these employment claims, so you must reach out to an attorney as soon as possible so your attorney can begin investigating your case.
Employers Cannot Fire Employees in Retaliation
Additionally, employers in Ohio cannot fire employees to retaliate against them for blowing the whistle or filing a complaint based on discrimination or other illegal conduct. Many Ohio and federal laws protect employees who engage in a “protected activity.” Some of the most common examples of protected activity include the following:
- Making a good faith complaint about employment discrimination
- Opposing discriminatory behavior in the workplace in general
- Participating in an investigation into employment discrimination
- Providing testimony in an employment discrimination case
- Requesting reasonable accommodation for a religious practice or disability
- Engaging in protected whistleblower activity by reporting fraud or illegal activity
- Requesting leave under the Family and Medical Leave Act (FMLA)
Proving Liability in a Wrongful Termination Lawsuit
To obtain compensation in a wrongful termination lawsuit, you must provide evidence that all of the elements of your case have been met. You will need to show that your employer violated Ohio’s anti-discrimination laws, that your dismissal was an unlawful act of retaliation, or that your employer violated your employment contract by firing you. For example, if you are claiming that you were wrongfully terminated because of your sex, you will need to provide evidence that your employer had a history of firing women for being late to work while failing to punish men for the same infraction.
For this reason, it is important that you keep a record of discrimination, including emailed communications, employment records and history, and witness statements. If your employer is trying to hide evidence of discrimination, it is wise to contact an attorney who can help you investigate and gather evidence. You will only be able to recover compensation if you can provide enough evidence of your employer’s motives for dismissing you from your position. Employers frequently try to hide evidence of discrimination, and your attorney can help you hold them accountable.
Compensation Available in a Wrongful Termination Lawsuit
Suppose you have been wrongly terminated in Ohio. In that case, you may be entitled to compensation through a legal claim against your employer. in wrongful termination cases, compensation is intended to cover the financial expenses you’ve suffered due to the termination. A court can award equitable back pay and forward pay. They may order your employer to reinstate you to your position. You may be entitled to compensatory damages, legal fees and costs, and sometimes punitive damages to deter your employer from engaging in future employment law violations.
Discuss Your Case With an Experienced Cincinnati Wrongful Termination Attorney
HKM Employment Attorneys represent Cincinnati employees in a wide range of employment claims, including wrongful discharge claims. We handle wrongful termination cases at every stage of the dispute, from investigating the case to litigation in Ohio and federal courts. We provide our clients with effective and aggressive legal representation. Our vast experience helps us anticipate opposing counsel’s arguments and create effective legal strategies for our clients. If you feel that you have been wrongfully terminated, contact HKM Employment Attorneys to schedule a consultation and learn more about your legal rights.