Since Ohio is an at-will employment state, you can be fired at any time and for any non-discriminatory reason. However, it’s important to understand that you have rights if you’ve been laid off, in addition to your eligibility to file for unemployment benefits. Depending on the circumstances of your employment and termination, there are various legal protections that may be available under Ohio and federal law.

The WARN Act

Depending on the size of the employer, and how many employees are being laid off, your employer may be required to provide advance notice. Under the federal Worker Adjustment and Retraining Notification (WARN) Act, an employer with at least 100 full time employees is required to give at least 60 days of advance written notice of certain layoffs. This is meant to ensure employees have time to prepare and find new employment.

Some of the acts that trigger the protections of the WARN Act include:

• Layoffs affecting 50 or more employees at a single site of employment (who constitute one-third of the workforce) within a 30-day period;
• Mass layoffs affecting 500 or more employees at a single worksite within a 30-day period;
• The shutdown of a plant that is a single site of employment that results in the layoff of at least 50 employees within a 30-day period;
• Temporary layoffs that become permanent or exceed six months; and
• A reduction in work hours of more than 50% for each month within a period of six months.

There are certain exceptions for “unforeseeable business circumstances” and natural disasters. However, if no exception applies and an employer does not comply with the WARN Act notice requirements, the company may be held liable by the affected employees for their pay and benefits during the period of the violation.

Ohio’s Mini-WARN Statute

Ohio recently passed its own “mini-WARN” statute, which largely mirrors the federal Act — but adds broader notice requirements. Under the new state law, employers must not only notify employees or their union representatives within the statutory time frame, but they are also required to provide notice to the chief elected officials of the municipality and county where the mass layoff is taking place.

Wrongful Termination

There are strict employment laws in Ohio that prohibit wrongful termination. A termination is unlawful if it is in retaliation against an employee for engaging in a protected activity — or based on the employee’s membership in a protected class. Protected classes include the following characteristics:

• Race
• Color
• National origin
• Citizenship status
• Religion
• Age over 40
• Pregnancy
• Gender
• Disability
• Genetic information
• Veteran status

Under Ohio law, if you were laid off for a discriminatory reason, you may have the right to file a charge with the Ohio Civil Rights Commission or the federal Equal Employment Opportunity Commission. These agencies will investigate your claim to help ensure the employer is held responsible for their wrongdoing. You may also be entitled to file a lawsuit to recover the economic and non-economic damages you suffered due to the wrongful termination.

Severance Pay

Although they are not legally required to do so in the event of a layoff, employers sometimes offer severance pay upon separation. This is meant to demonstrate good will and ease the transitional period while you search for new employment. If you are offered a severance agreement, you may negotiate the terms to ensure that it meets your needs.

If you’ve been presented with a severance agreement, you may be able to negotiate the amount of pay, the duration of continued health benefits, the non-compete clause, and other provisions. Before signing any severance agreement, it’s essential to consider whether it is adequately compensating you for the loss of your job and waiving your legal rights.

Ohio’s Final Paycheck Law

One of the most crucial rights if you’ve been laid off concerns your final paycheck. Under Ohio law, your employer is not permitted to withhold earned wages if you have been terminated. You must be provided with your last paycheck on your regularly scheduled pay date or within 15 days, whichever comes sooner. An employer may not place conditions on issuing your final paycheck, such as making you return company property or sign paperwork.

Your final paycheck should include your wages for all hours worked and any other compensation to which you are entitled. This may include bonuses, unused vacation or sick time, commissions, and severance pay. Your employer may deduct items from the paycheck they are legally permitted to withhold, such as federal, state, and local taxes.

Contact an Experienced Ohio Employment Attorney

If you are wondering, “what are my rights if I was laid off?” A knowledgeable employment attorney can best advise you. Located in Westlake and providing trusted representation to clients throughout Ohio, the employment law attorneys of Lalak LLC offer counsel to employees for a wide range of employment matters, including those involving termination. Contact Lalak LLC today to schedule a free, confidential, no-obligation consultation and learn how we can help.