Ohio is an at-will employment state. This means that an employer or employee can terminate the employment relationship at any time and for any reason. However, at-will employment is not absolute — the reason for the termination must be legal. It’s important to understand that there are a number of at-will employment exceptions that make it unlawful for an employer to fire an employee under state and federal law.

What is At-Will Employment?

Like most other states across the country, Ohio follows the at-will employment doctrine. If you accept a job as an at-will employee, your employer can end the employment relationship for any reason that is not in violation of the law. In other words, you can be fired with or without cause at any time. Similarly, if you wish to quit your employment in order to take a better position, you are free to leave your job when you wish.

What are the At-Will Employment Exceptions?

Although Ohio is an at-will employment state, there are several at-will employment exceptions under state and federal law. If you meet one of these exceptions, you may be entitled to take legal action against an employer who wrongfully terminated you. Specifically, the at-will employment doctrine does not apply to the following:

• Discrimination — Both Ohio and federal law prohibit termination based on discrimination. It is illegal to fire an employee based on their membership in a protected class.
• Employees under contract — If the employer and employee entered into a contract that specifies a specific term, job protection, or conditions of employment, the at-will employment doctrine is not applicable.
• Implied contract — Even if a contract is not in writing, the circumstances may imply a contract. In such cases, an at-will employment exception applies.
• Promissory estoppel — Promissory estoppel occurs when an employer makes a clear and unambiguous promise regarding employment that the employee reasonably relies upon.
• Public policy exceptions — An employer would be prohibited from terminating an employee if firing them would violate certain public policies. Wrongful termination can arise if an employee can prove that they were fired for whistleblowing, taking time off to serve on a jury, filing a Workers’ Compensation claim, or refusing an employer’s request to act against the law.

What is Unlawful Termination When It Comes to At-Will Employment?

If you are terminated from your employment in violation of any of the at-will employment exceptions listed above, you may be able to assert a legal claim against your employer. For example, if your employer violated the terms of your employment contract, you may be entitled to pursue a lawsuit for breach of contract. In the event your employer fired you for a discriminatory reason or one that violated public policy, you may have grounds for a wrongful termination lawsuit.

Under Ohio law, employers are prohibited from wrongfully terminating or discriminating against an employee based on their:

• Race and color
• National origin
• Citizenship status
• Religion
• Age over 40
• Physical or mental disability
• Gender
• Genetic information
• Pregnancy
• Veteran status

Significantly, if you were terminated based on your membership in a protected class, you can file a claim with the Ohio Civil Rights Commission or the federal Equal Employment Opportunity Commission (EEOC) if your company has 15 employees or more. These agencies will investigate your claim and can provide mediation services to help you resolve the case with your employer. However, you may also request a “right-to-sue” letter to litigate your case in the courtroom.

If you prevail in a wrongful termination lawsuit, you may be entitled to recover a wide array of damages. These can include back pay, front pay, treble damages in twice the amount of your unpaid wages — and the compensatory damages you incurred for the financial harm you suffered. In addition, you might be able to receive compensation for your emotional distress damages, attorney’s fees, and court costs. A court might also order an injunction to stop the employer from engaging in wrongful practices and reinstatement to your position. Punitive damages may be awarded in cases where the employer’s conduct was particularly egregious.

Contact an Experienced Ohio Employment Law Attorney

If you have been terminated wrongfully or in violation of an at-will employment exception, we encourage you to contact us for a free consultation to learn about your legal rights and recourse. The employment law attorneys of Lalak LLC proudly advocate for the rights of employees who have been wronged by their employers. From our office in Westlake, we serve workers throughout the state of Ohio.