From Discrimination to Retaliation: Understanding Ohio’s Termination Laws

Guide to Wrongful Termination

In Ohio, as with many states nationwide, navigating the intricacies of employment law can be daunting for employees. Wrongful termination is one of the most frequently disputed employment issues, with several facets to consider. Through this guide, we aim to provide an in-depth understanding of what constitutes wrongful termination in the Buckeye State and the legal avenues available to those who believe they’ve been unjustly dismissed from their positions.

Discrimination-Based Termination

At the forefront of wrongful termination discussions is discrimination. Under Title VII of the Civil Rights Act of 1964, employers are federally prohibited from dismissing employees based on race, color, religion, national origin, or sex. Ohio takes this further through its Civil Rights Act, which protects employees from discrimination based on military status and ancestry.

Adding more protection layers, specific legislation guards the rights of pregnant employees, older employees, and those with disabilities. Furthermore, a pivotal decision by the Supreme Court in the Bostock v. Clayton County case has solidified that discrimination against LGBTQ individuals is not permissible, fortifying the rights of all employees, irrespective of their sexual orientation or gender identity.

Retaliatory Termination in Ohio

• At its core, retaliatory dismissal refers to punitive measures taken by employers against employees for partaking in “protected activities” sanctioned by law.

What are “Protected Activities”?

• These activities encompass a broad spectrum of employee rights and actions that are legally protected, ensuring that workers cannot be penalized for upholding or asserting these rights. Key examples include:
  • Wage Claims: Employees demanding rightfully earned wages or overtime.
  • Safety Concerns: Reporting potential safety hazards or non-compliance with regulations such as those set by OSHA.
  • Religious & Disability Accommodations: Employees seeking necessary changes to their work environment due to religious beliefs or disabilities.
  • Opposition to Discrimination: Refusing to enforce or follow discriminatory policies or practices.

Beyond Termination: Subtler Forms of Retaliation:

Not all retaliation results in job loss. Employers might engage in more covert forms of punishment, which can be just as damaging. Some of these forms include:

• • Increased Oversight: Suddenly monitoring an employee’s tasks rigorously without reason.
  • Unwarranted Performance Critiques: Providing negative performance reviews that don’t align with the employee’s job performance.
  • Promotion Denials: Bypassing a deserving employee for a promotion without a valid reason.
  • Unfavorable Shift Changes: Making deliberate schedule changes that might interfere with personal commitments, like childcare.

Constructive Discharge – A Forced Resignation:

• In Ohio, the “constructive discharge” concept has gained traction. This refers to situations where, while the employee wasn’t directly fired, the working conditions became so intolerable that the employee felt compelled to resign.
• This can manifest in various ways, such as persistent harassment, demotion without cause, or being assigned degrading tasks. The essence is that the employee’s departure was not voluntary but resulted from an employer’s actions, creating a hostile work environment.

Discharge Violating Public Policy

Moving beyond the individual, the state of Ohio acknowledges that certain terminations can undermine broader societal values. Since the pivotal 1990 case, Greeley v. Miami Valley Maintenance Contrs., Ohio has recognized wrongful terminations that violate public policy. This can encompass various issues, from endangering public safety to undermining fundamental rights.

However, the waters here can be murky, as evidenced by the House v. Iacovelli case. The nuances of each case and the specific policies in question can significantly impact the outcome, emphasizing the importance of experienced legal guidance.

Legal Recourse and Remedies for Victims

There are avenues for recourse for individuals in Ohio suspecting they’ve faced wrongful termination. Various legal solutions can address the injustices experienced:

• Legal Remedies: A range of solutions, including compensatory damages, is accessible.
  • Economic Damages: Covers tangible losses like back pay or medical expenses.
  • Non-Economic Damages: Addresses intangible harms, such as emotional distress.
  • Punitive Damages: Designed to penalize and deter severe employer misconduct.
• Ohio’s Employment Law Uniformity Act:
  • Effective since April 2021, this Act establishes clear caps on potential damages, offering predictability for claimants.
• Reinstatement Possibilities: While not always the optimal solution, the chance for reemployment in a previous position remains a potential outcome.

Challenges in Proving Wrongful Termination

It’s crucial to understand that proving wrongful termination, despite the clear legal frameworks, is not always straightforward. The onus often falls upon the employee to demonstrate the malicious or discriminatory intent of the employer, which can be a complex endeavor.

Past performance reviews, witness testimonies, and other evidence come into play. Given the strict legal deadlines and the intricacies of filing requirements, the path to justice can seem labyrinthine.

Seeking Legal Expertise in Ohio

At Heban, Murphree & Lewandowski, LLC, we’ve dedicated ourselves to ensuring that the rights of Ohio’s employees are upheld. Our experienced team can help you objectively assess the merits of your case, guide you through the legal process, and advocate fiercely on your behalf.

If you believe you’ve been the victim of wrongful termination in Ohio, seeking consultation is imperative. We’re here to help, offer guidance, and ensure justice is served. Reach out today for a free consultation.