How to Identify Wrongful Termination

A wrongful termination is essentially a termination or discharge of a worker for an illegal reason. While Ohio is an “at-will” employment state, like many others, and this allows employers to terminate employees for any (or no) reason, there are important exceptions to this rule, including the presence of  language in an employment contract that includes provisions to the contrary, as well as both state and federal laws which prohibit certain types of behavior behind the termination, such as discrimination, thus potentially making an employee termination a “wrongful termination.”

However, it is up to victims of wrongful termination to prove that the discharge was wrongful or illegal, as employers will often claim that the termination was due to absenteeism, poor work performance, and/or workplace misconduct.

As a result, bringing a wrongful termination claim involves the worker or employee providing that the employer’s reason for discharge is false. This is often done by working with an experienced employment law attorney to rely on past performance reviews, proof of attendance, statements from coworkers and supervisors, email evidence, and/or evidence that an employer failed to follow certain policies provided in the employee handbook and/or contract. Once an employee and their attorney are able to prove that the termination was done under false pretenses, they then demonstrate that the real reason behind the termination was unlawful. 

Most Common Signs

Some examples of wrongful termination that are easier to identify include the following:

• Employment Contract that may have been breached: If you have certain language in your contract, for example, language that guarantees employment under certain circumstances, such as for a certain time period, your employer can be held accountable for failing to follow through on the contract. The first step in figuring out if there were any particular requirements or policies attached to your employment is to consult with your attorney and take a close look at any documents you signed or were provided with when you started, including your employee handbook
• Discrimination: Employers cannot fire employees for reasons related to age, ancestry, color, disability (both mental and physical), military status, national origin, race, religion, and/or sex
• Retaliation: Employees cannot be fired in response to filing a work injury claim, making a complaint, sexual harassment, reporting anything illegal/whistleblower claims, or requesting time off for medical leave
• Any violations of labor laws

Contact Our Columbus, Ohio Wrongful Termination Lawyers

If you suspect that you may have been wrongfully terminated or otherwise fired without legal cause, Marshall Forman & Schlein can help. Our employment and labor attorneys have filed a number of cases and won our clients significant damages; we are uniquely positioned to ensure that justice is done. Contact us today for a free consultation and read more about the clients we’ve helped through the years here.