Many people wonder “what is wrongful termination?”
Wrongful termination is when the reason you have been fired is against the law. In Ohio, most employment relationships are considered to be “at will” employment, which means that either you or your employer can terminate your employment relationship for any reason, no reason, or even a stupid reason.
That might not sound so good to you, however there are some exceptions that do make a termination wrongful and therefore against the law. Some of these exceptions include:
- Protected Class: An employer cannot fire you based on your race, religion, gender, age, disability, national origin or military status .
- Protected Activities: You are also protected from employment discrimination based on your choice to engage in certain protected activities, such as taking leave under the Family and Medical Leave Act (“FMLA”), filing a Workers’ Compensation Claim, complaining of Wage Violations, reporting safety violations, opposing illegal acts, or making other Whistleblower Claims.
- Illegal Acts: Employers cannot fire you if you refuse to commit an act that you believe to be illegal.
- Retaliation: Your employer cannot fire you for opposing discrimination.
- Contractual Obligations: If you have an employment contract that may state that you can only be terminated for the specified reasons provided in the contract, or after certain procedures and steps have ben taken. Employment Handbooks will not usually meet the requirements of your contract of employment, but it would be in your best interests to let an experienced employment attorney review any written materials that you have so they can determine what your rights actually are.
Do you believe you were illegally fired or laid off from your job? If so, you might be wondering whether you need to hire a lawyer. If you are a victim of wrongful termination in Ohio then there are a number of legal remedies that you can pursue. You may be be able to pursue a lawsuit against your employer and seek damages for lost wages, benefits, emotional distress, attorney’s fees and more. Legally speaking, you are free to represent yourself throughout any stage of your wrongful termination case. However, wrongful termination claims are usually tough to prove and will usually require the assistance of lawyers and attorneys that are specialists in employment law.
A number of reasons you should hire a wrongful termination lawyer Ohio are listed below, but you should call one of our wrongful termination lawyers Ohio on 855-596-4657 to get your questions answered and to see if you have a wrongful termination case.
Do I Have a Wrongful Termination Case?
One of the first reasons to consult with a lawyer or an attorney is to figure out if you even have a wrongful termination case to pursue. Just because your termination seems unfair doesn’t mean that it was illegal. For example, it’s unfair for your boss to fire you to make room for a relative or college friend. However, workplace nepotism or favoritism isn’t illegal. To have a claim, your employer must have violated an employment contract or a specific federal, state, or local law.
Some examples of illegal reasons for firing include:
- Discrimination based on a protected characteristic
- Your employer refused to hold your position when you were called up for active military service.
- You were fired because the new boss wanted a younger work force.
- Refusal to provide reasonable accommodation for a disability
- Refusal to provide legally-protected time off work
- You were fired while on FMLA medical leave.
- Retaliation for exercising a legal right,
- You were fired because you filed a Workers’ Compensation claim.
- Retaliation for reporting illegal activity by the company (whistleblowing).
- You were wrongfully terminated when you reported safety equipment violations to OSHA.
- You were fired because you refused to have sex with your supervisor/boss
Several other types of firing are illegal. However, the laws vary greatly from state to state, and even from city to city. An employment lawyer can quickly assess your situation and determine if you have a wrongful termination case.
Can I Handle My Case on My Own?
Legally speaking, you are free to handle your wrongful termination case on your own. However, practically speaking, most employees won’t get very far—or won’t get very much in compensation—without a lawyer’s help.
In a couple of situations, it can make sense to forgo hiring a lawyer. One example is if the illegal firing didn’t cause you much damage, financial or otherwise. For example, suppose the firing wasn’t particularly traumatic and you landed a new, better paying job within a couple of weeks. In this situation, you might just want to negotiate a fair severance package with your employer and move on.
Another example is where there is an established government agency that investigates complaints. For example, if you were fired due to your race, you would file a complaint with the Equal Employment Opportunity Commission (EEOC). The EEOC would investigate your complaint and could help you and your employer reach a resolution. However, even in these types of administrative proceedings, a lawyer can be essential to getting you the compensation you deserve, especially if the firing has caused you significant damage.
What Can An Ohio Wrongful Termination Lawyer Do for Me?
One of the biggest benefits of hiring an employment lawyer is that it will help you understand the value of your claim. Without any legal expertise, it’s difficult to know how much your case is worth and whether a settlement offer is a fair one.
A lawyer can help you by evaluating the strength of the evidence in your case—for example, is there enough proof to show that your employer broke the law? If not, the lawyer can help you gather the evidence you need. A lawyer has legal tools at his or her disposal to obtain records, question witnesses, and more. If it turns out the evidence is lacking, the lawyer can explain how that affects the value of your case.
A lawyer can also determine what kind of compensation you’re likely to recover and how much. Some losses are limited or not compensated in certain types of wrongful termination cases, for example. And, a lawyer will know about additional penalties, interest, or other sums that you can recover. Your lawyer will calculate all of these sums and set reasonable expectations for what kind of settlement you should consider.
The mere fact of having a lawyer will also get your employer to take your claim more seriously. Lawyers only take cases that they think they can win. It’s not uncommon for employers to start negotiating once a lawyer gets involved. For all of these reasons, employees often fare better in their wrongful termination cases with a lawyer, even after taking attorneys’ fees into account.
If you’re interested in hiring an employment lawyer, you should do your research by checking out the areas we cover below
- Wrongful Employment Termination Lawyers Akron
- Legal Representation For Employees Canton
- Lawyer For Employment Termination Cincinnati
- How To Sue Employer For Wrongful Termination Cleveland
- Wrongful Termination Lawyer Cost Columbus
- Lawyers That Handle Wrongful Termination Dayton
- Wrongful Termination And Discrimination Elyria
- I Need A Lawyer For Wrongful Termination Hamilton
- Lawyers That Handle Wrongful Termination Kettering
- Lawyers For Unlawful Termination Lakewood
- How To Sue Your Employer For Wrongful Termination Lorain
- Wrongful Termination And Discrimination Parma
- Wrongful Termination And Discrimination Springfield
- When Can You Sue For Wrongful Termination Toledo
- Wrongful Termination Lawyer Cost Youngstown
Wrongful Termination: Were You Wrongfully Terminated?
Employment law on constructive dismissal states that claims could be based on your employer's breach of employment contract. This may involve a violation of any specific term or condition in the employment contract, the staff handbook, or the job advertisement for the position. It may also involve breach of implied terms like the employer's duty to reasonably act or duty of care towards employees.
If you think and feel that you are forced to quit your current job or that your employer is treating you badly that there is no other option but to leave, you may take advantage of the employment law on constructive dismissal. You may file for a constructive dismissal claim when you file for a resignation because of your employer's actions that practically and logically make it impossible for you to carry on your job. The employer may also be treating you severely. As the heart of the employment contract, constructive dismissal might be caused by a particular action by the employer or a series of unlikely events.
Common instances that would automatically qualify you to use the employment law on constructive dismissal include changing of your job description, abrupt cutting of your pay, and sudden alteration of working location or hours, and refusal of the employer to improve inhumane or intolerable working conditions. Breaches of implied terms in fundamental employment contracts usually include the employer making it impossible for you to perform your job tasks or failing to give reasonable support for you to do your job without any disruption. Employment law on constructive dismissal even covers any form of harassment from your fellow workers and wrong/unfounded accusations of theft.
To be able to qualify, you must have been employed by the employer for at least a year. However, if the employment has not reached that required period yet but you have evidences that could prove you were dismissed automatically due to unfair reasons, you could still take advantage of this employment law. How could you file for any dismissal claim? If you think you could no longer stand how your employer treats you, file a formal grievance at once. Explain why you are anxious and unhappy with your work. Under normal grievance procedures, the employer has up to 28 days to respond to your grievance. Experts advise that you try to be as flexible as you could be as well as constructive and reasonable in trying to reach a resolution for your problem with your employer. A compromise agreement may be a viable option.
You may not be covered by the employment law on constructive dismissal if you have entered into a compromise agreement with your employer. But that does not mean you would not be entitled to any form of compensation. That is why you should hire the best and most reliable employment solicitors around. You definitely need sufficient and helpful guidance and advice when applying for constructive dismissal claims and signing compromise agreements so you could make sure you would be able to protect your welfare.
Facing An Unfair Dismissal Claim?Getting fired is a devastating event even when we know it's justified. But when you are wrongfully or unfairly fired from a good paying job you love it is demoralizing. It can be difficult to even leave the house, let alone apply for a position elsewhere right away.Even great employees sometimes get terminated for hidden ulterior reasons. While there are many illegal reasons for termination, some of the more frequent include:· Whistleblowing,· Retaliation· Sustaining an injury at the workplace· Taking FMLA time· Discrimination of race, gender, religion, age, disability, etc.If you have been wrongfully terminated from your job, seek the advice and services of an experienced law professional, and make sure you receive the maximum allowable award under federal and state employment regulations.Continue reading for a brief review of the steps victims of wrongful termination cases should immediately follow.Steps to Follow Proving wrongful termination can be a long process, but there are some things you can do to help the process. Document everything you can about the dismissal: the time, the place, the specifics of the conversation, etc. You should also include any related information. Create a time-line of the succession of events that lead to your wrongful termination. Provide as many details and dates as possible. Review any employment document you may have signed upon hiring. Check it for accuracy in regards to your specific circumstances. This is an important step when the termination seems to come out of nowhere. You may be eligible for severance pay or other benefits. Review your employee handbook or guide for information about your rights as an employee. In many cases, employers include termination clauses entitling you to a period of notice of termination. File an official complaint with the Equal Employment Opportunity Commission, which is the government agency that investigates allegations of labor law violations, including wrongful termination. Seek the services of an experienced law firm immediately. Hiring a lawyer is imperative when someone feels he or she has been the victim of an illegal dismissal. You need the expertise of a lawyer who works with labor law disputes to handle this type of case properly. These steps are not only vital; they need to be done in a timely manner. Besides the time limitations for filing a legal claim, the longer you wait to stand up for your own rights, the weaker the case generally looks to the judge or mediator.Other Considerations It is not uncommon for some of your co-workers to hesitate or to be unwilling to get actively involved in your wrongful termination suit. Many times your former coworkers feel intimidated and fearful of causing problems for themselves.Proving your termination is the direct result of an illegal condition isn't easy. These types of legal cases can be lengthy and time-consuming if a settlement is not negotiated. Because almost all employment is defined as at will, establishing your termination was due to something illegal, and not because of the superficial reason provided to you, is often difficult.Most employers are not required to provide a reason for dismissal. Oftentimes pretentious causes are attributed to your termination. Wading through all the legal issues can become overwhelming quickly.A lawyer who is experienced in labor laws can advise and assist you in making a strong wrongful termination suit. A private lawsuit is sometimes the only way to resolve employment disputes where the employer violates either company policy or state or federal laws.If you've lost your job for any of the reasons listed above, consider discussing your case with an experienced wrongful termination attorney today.
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