5 Circumstances that Are Not Examples of Wrongful Termination
When an employee is fired, they may believe there was not a legal justification for their termination. In some instances, they are right. That said, there are situations when an employer is allowed to terminate an employee. If you have been fired from an Ohio job, talk to our Columbus employment attorneys about your rights.
Attendance and Conduct
If an employee fails to show up for work or is chronically late, an Ohio employer can terminate that employee (absent some reason for the absences for which they would be protected). That said, there are circumstances when a termination under these circumstances may be illegal. Specifically if the attendance problems are connected to an employee’s health problems or if they have to care for a sick family member.
Depending on the situation, these laws could protect an employee from wrongful termination:
- American with Disabilities Act (ADA)
- Family Medical Leave Act (FMLA)
Of course, conduct can provide a justification for an employee’s termination. If an employee is a thief, the Ohio business owner can fire the individual and press criminal charges. If there was a crime, there is likely no way to dispute the termination. This is true whether the issue is stealing or harassing others. Mistreatment does not have to be tolerated.
Job Performance and Layoffs
There are also times when a business owner fires an employee because they do not have the qualifications to complete the job sufficiently. An Ohio employer is allowed to do this, particularly if the person exaggerated or lied about their skills when they were hired.
Also, if there is a danger to other workers because of an employee’s performance, it is reasonable for the employer to terminate that worker for the safety of everyone on the job.
Sometimes, positions themselves are eliminated which leads to an employee being downsized. A business may have to lay off workers to stay in business if they are at risk of going into bankruptcy. And the situation doesn’t even need to be that severe, a company may decide to downsize for the health of the business, essentially reducing costs before the situation becomes dire. The only time this is illegal is if the downsizing is done to cover up another reason, such as employee retaliation or any other unlawful purpose.
Contact our Ohio Employment Attorneys to Review Your Circumstances
Remember, terminations can be complex. Ohio is a state with at-will employment. This means both the employee or the employer is able to sever the employment tie. But, there are exceptions.
If you were recently fired from your position and are unsure if the termination was legal, contact attorneys who know your rights. It is common for workers to not know the intricacies of wrongful termination. After a firing, if you believe the situation was unfair, you need experienced lawyers. Wrongful terminations can be difficult to prove.
The wrongful termination lawyers at Coffman Legal LLC are strong and committed advocates for all Ohio workers. Contact our attorneys today to further discuss your employment claim. They can guide you through the process of securing compensation that you deserve. Call 614-949-1181 for a free and confidential consultation with our Ohio wrongful termination attorneys.