Studies suggest that 150,000 American workers are wrongfully terminated every year, according to the ACLU. If you were unjustly fired, you can hold your employer accountable for their illegal actions by filing a wrongful termination lawsuit, which will enable you to recover back pay and other significant damages. Our Dayton wrongful termination attorneys at Coffman Legal, LLC can help you get started.
Discrimination—Thousands of employees are wrongfully terminated because of their employer’s racial, religious, or ageist biases. Under the Department of Labor and EEOC, f an employer terminates an employee based on one or more of the employee’s real or perceived following protected traits, they have committed a wrongful termination: Race; Color; Religion; National origin; Sex; Sexual preference or gender identity; Age if over 40; Pregnancy status; Disability; and Genetic information. Breach of an employment contract—some employment contracts specify how an employee can be terminated, such as poor performance measured in monthly sales, for example. If an employer fires an employee for a reason that is not included in the employment contract (and the employee is not an at-will employee) the employer may have wrongfully terminated the employee. Retaliation—Firing an employee is the most common way an employer will get back at an employee for doing something they, the employer, did not like. If this falls under “retaliation,” as defined under the EEOC, the employer can be sued. Retaliation is any negative employment decision, including termination, in which an employer makes because of: A protected trait of the employee; The employee files a claim against the employer; The employee participates in an investigation, whistleblower lawsuit, or acts as a witness; The employee refuses an employer’s directions to do an illegal act; or The employee resisted harassment or intervened to help a coworker.
Most employers can terminate an employee for almost any reason due to Ohio’s at-will employment law. Unless an employment contract states otherwise, an employee in Ohio can be fired or let go for anything from bad performance to the employer simply not liking their attitude. And because many employers do not give a specific reason for firing the employee, or fabricate a reason altogether, it means that obtaining evidence of wrongful termination can be difficult. In order to have a chance at winning a wrongful termination claim, there must be some sort of evidence that supports your side of the story—that your employer fired you because of race discrimination, for example.
Being wrongfully terminated can have a devastating impact on an employee’s life. Suddenly not being able to pay for groceries and the rent or mortgage is one thing. The other is the sense of injustice that happened. How can an employer get away with discrimination, harassment, violating the law, or breaking an employment contract? If you were wrongfully terminated, our Dayton wrongful termination attorneys at Coffman Legal, LLC can help you right this wrong. Contact us today at 614-949-1181 to schedule a free consultation.