Toledo Wrongful Termination Attorney
There are certain circumstances under which an employer cannot fire an employee and when it occurs, it is known as wrongful termination. If you were fired unjustly, you can file a wrongful termination claim against your employer to hold them accountable for their illegal decision to let you go. Our Toledo wrongful termination attorneys at Coffman Legal, LLC can assist you with the process and help you get maximum compensation for the damages.
Types of Wrongful Termination Cases
- Discrimination—As com mentions, there are numerous federal and state laws to protect against discrimination such as the Title VII of the Civil Rights Act of 1964, The Americans with Disabilities Act, and The Age Discrimination in Employment Act of 1967. If an employee believes they were fired because of one of the following traits, it might be a wrongful termination case:
- National origin;
- Sexual preference or gender identity;
- Age if over 40;
- Pregnancy status;
- Disability; and
- Genetic information.
- Breach of a contract—Sometimes an employee’s contract with the company specifically mentions how an employee can or cannot be terminated. For instance, an employer could list that poor monthly sales will lead to termination. However, if an employee is not an at-will employee and they are let go for a reason not listed in the contract, the employer may have illegally terminated them.
- Retaliation—Employers are known for firing employees for engaging in activities that frustrate them as a form of punishment. For instance, if an employee becomes a whistleblower because they report the company is violating EPA regulations, the employer may fire them in an act of retaliation. In addition to whistleblowing, it is illegal to fire an employee who refuses to engage in an illegal act for the employer, who resisted harassment such as unwanted sexual advances, or who helped a coworker who was being discriminated against.
Ohio, like most other states, has at-will employment rules. When an employee is at-will, they can choose to leave the job at any point, but an employer also has the right to terminate the employee for almost any reason. This means an employer can fire an employee simply for not getting along with them. It can be very difficult to prove wrongful termination with at-will employees unless there is substantial evidence to support the employee’s story. According to Ohio State Bar Association, there are still exceptions to when at-will employees can be terminated including:
- Terminating an employee if the termination violates a public policy such as if an employee is fired for taking time off work to serve as a juror in court; and
- If an employer makes a promise to an employee that is outside of the contract, it still applies. For instance, an employer might suspend an employee until they acquire another certification with the promise that they will return to work. If the employer terminates the employee after they have obtained the certification, it may be a case of wrongful termination because the promise was broken.
Contact a Toledo Wrongful Termination Attorney
Being wrongfully terminated is not only a financial burden because of the paycheck loss, but it can take an emotional toll too. If you believe you were wrongfully terminated, it is time to seek assistance from the Toledo wrongful termination attorneys at Coffman Legal, LLC. Contact us today at 614-949-1181 to schedule a free consultation.