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Wrongful Discharge

wrongful-termination-imageOne of the most confusing things to a non-attorney is the meaning of the phrase “wrongful discharge.” Frequently, a non-attorney will state they have a claim for wrongful discharge because they were fired and it was “wrong.” Unfortunately, this is not necessarily an accurate statement of Ohio law or federal law. In the State of Ohio, almost all employees are “at-will”, which means you can be discharged for any reason not contrary to the law.

A wrongful discharge, at least a wrongful discharge in legal terms under Federal law and the law of the State of Ohio, would include (but is not necessarily limited to):

• A discharge based on a discriminatory motive under Title VII of the Civil Rights Act of 1964 or Ohio Revised Code Section 4112 ; and

• Violation of a public policy.

Public Policy Claims

Although almost all employees are deemed “at-will” employees, there is an exception to “at-will” employment. To prevail on a cause of action for wrongful termination in violation of public policy, an aggrieved party must prove that: (1) a clear public policy exists as manifested in a state or federal constitution, statute, or administrative regulation, or in the common law (the “clarity element”); (2) dismissing employees under the circumstances presented would jeopardize the public policy (the “jeopardy element”); (3) the plaintiff's dismissal was motivated by conduct related to the public policy (the “causation element”); and (4) the employer lacked an overriding legitimate business justification for the dismissal (the “overriding-justification element”).

Examples of a wrongful discharge based on public policy include an employer terminating an employee for reporting a crime that took place at a place of employment or terminating an employee for consulting an attorney.

The Importance of Finding the Right Ohio Wrongful Discharge Attorney to Protect your Rights

Whether or not you have a cause of action for wrongful discharge against a former employer, it is critical that you contact an attorney with experience in this area of the law so you may receive the proper advice to make the best decision for yourself. This is an area of the law with many different causes of action available to an individual and most causes of action are not necessarily clearly in favor of the employee or the employer.

Please contact Attorney Collum for a FREE CONSULTATION regarding your wrongful discharge claim and any questions you may have at (330) 494-4877 or by e-mail at jcollum@collumlawoffice.com.

Attorney Collum is an Ohio Wrongful Discharge lawyer and Ohio Wrongful Discharge Attorney who represents individuals and companies in their wrongful discharge claims in cities all over Northeast Ohio including, but not limited to, the cities of Canton, Akron, Alliance, Canal Fulton, Massillon, Barberton, Cuyahoga Falls, Hudson, Fairlawn, Green, Macedonia, Munroe Falls, New Franklin, Norton, Stow, Tallmadge, Twinsburg, Kent, Ravenna, Streetsboro, Aurora, Brunswick, Medina, Rittman, Wadsworth, Dover, New Philadelphia, Uhrichsville, Orrville, Wooster, Columbiana, East Liverpool and Salem.

 

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