What is Wrongful Discharge?
The first thing you must understand is that Ohio is an at-will employment state. That means that you can resign from your job at any time for any reason, and your employer can also terminate your employment at any time and for any reason not forbidden by law. In order for you to have been wrongfully discharged from your job, you must be able to prove that the reason you were fired was an illegal one.
Your employment may have been illegally terminated if it was for one of the following reasons:
your national origin
any disability you may have
because of military service
for taking specific types of medical leave
filing a Workers' Compensation claim
some types of whistle blowing
If you feel that you were fired due to racism or prejudice, you should speak with an expert in employment law. If you feel you lost your job as the result of sexual harassment, workplace ageism, for filing FMLA due to illness or disability, or because you reported illegal activity being performed by your employer, you should speak with an attorney specializing in employment law today.
You may also have a wrongful discharge case if you had an employment contract with your former employer which they violated by firing you. In most cases, no such contract exists. If you have an employment contract that outlines specific reasons for which you can be terminated or details a specific termination procedure and that contract was violated, you may have a case and should call for a consultation.
What Can You Get?
Legal remedies (and even available damages) in a wrongful termination case depend on the specific circumstances and severity of your situation. There are a variety of remedies that can be pursued and may be awarded. You could be given back your old position with your former employer, or you could recover any benefits lost since your termination. You could also be granted back pay for lost wages from your wrongful discharge. There may be a chance to obtain further damages from your former employer in certain cases. They may be required to pay your legal fees (court costs, attorney fees), punitive damages, and/or damages for stress or suffering. Your employment attorney can discuss the details of such potential remedies with you in more detail after your consultation.
When Should You Call?
Do you feel that you have been the victim of wrongful discharge in Ohio? If you do, you should contact an Ohio employment attorney right away. Various types of employment discrimination cases have different statutes of limitations - meaning you have a limited time to seek legal recourse for your wrongful termination, and that time limit depends on the type of legal case you have. For workplace discrimination, you may have as little as six months to file your claim.
Don’t wait if you think you might have a wrongful discharge case against your former employer! Call and speak with an attorney experienced in Ohio employment law right away - you can reach Harry Bernstein at 216-600-0124, so call today.