Although an employer in Ohio can fire an employee for any reason under the state’s at-will employment laws, the reason must not be discriminatory or illegal. Significantly, an employer may not terminate a worker in violation of public policy. This is one of the narrow exceptions to the at-will employment doctrine — and it’s important to understand what constitutes a violation of public policy to determine whether you have a claim.

What is Termination in Violation of Public Policy?

Termination in violation of public policy is a type of wrongful termination that occurs when an employer fires an employee for a reason that opposes a clear policy interest. These interests may include protecting the worker’s individual rights — or they may have to do with safeguarding the general well-being of the community. These claims may arise in situations where the employee engaged in legal activity, spoke out against an employer’s illegal conduct, or exercised their legal rights in some other way.

How Do You Prove a Termination in Violation of Public Policy Claim?

In order for an employee to show that their termination was in violation of public policy, they must be able to demonstrate that their employer’s actions violated a clearly established public policy. In addition, such violation must have been a substantial factor that motivated the termination. Specifically, an employee must prove four distinct elements to establish a termination in violation of public policy claim:

1. A clear public policy existed and was manifested in a state or federal constitution, statute or administrative regulation, or in the common law.
2. Dismissing employees under circumstances such as those involved in the employee’s dismissal would jeopardize the public policy.
3. The employee’s termination was motivated by conduct related to public policy.
4. The employer lacked an overriding legitimate business justification for the dismissal.

An employee must establish a direct link between the termination and the activity that was protected by public policy. Documentation that can support a wrongful termination claim can include emails with the employer, internal reports, witness statements, and records that show the protected activity.

Examples of Termination in Violation of Public Policy Claims

Courts in Ohio have found violations of public policy when an employee has been terminated for having court-ordered child support payments deducted from their wages and for serving on a jury. Judges have also found in favor of employees who were terminated for providing truthful testimony unfavorable to the employer and speaking with legal counsel.

Other exceptions to the at-will employment doctrine are clearly outlined in Ohio and federal statutes. Violations of public policy may exist when an employee is terminated due to:

• Exercising their rights regarding minimum wage or overtime compensation
• Refusing to take a lie detector test
• Having a criminal record that has been sealed
• Engaging in protected union activity
• Exercising their rights under the Ohio Public Employment Risk Reduction Act
• Filing an OSHA complaint
• Filing a Workers’ Compensation claim
• Filing health, disability, or retirement claims that are considered benefit plans protected by ERISA
• Filing for bankruptcy

Critically, the public policy exception can apply to a broad scope of situations. Other examples of termination in violation of public policy can include seeking mental health treatment, participating in legal investigations, reporting safety violations, and refusing to engage in unethical behavior.

What Damages Can You Recover if You Were Terminated in Violation of Public Policy?

An employee who is able to show that they were terminated in violation of a public policy may be entitled to a wide range of damages. For instance, they may be eligible to recover back pay for the wages lost since the date of termination and compensation for any lost benefits. If reinstatement is not possible, an employee may be awarded front pay for future loss of earnings. In addition, an employee may be eligible to receive monetary recovery for the emotional distress they suffered due to the wrongful termination — as well as compensation for attorney fees and court costs.

In limited cases, where it can be shown that an employee’s actions were particularly egregious, an employee may be entitled to recover punitive damages. These types of damages are not meant to compensate the employee. Rather, they are intended to punish the employer and deter others from engaging in similar wrongful conduct. Under Ohio law, the amount of punitive damages is capped at two times the amount of compensatory damages awarded, up to a maximum of $350,000.

Contact an Experienced Ohio Employment Attorney

If you were terminated in violation of a public policy, it’s vital to consult with a knowledgeable employment attorney to understand your legal rights and the remedies that may be available to you. Located in Westlake and providing trusted counsel to clients throughout Ohio, the employment law attorneys of Lalak LLC are dedicated to advocating for the rights of employees who have been wrongfully terminated by their employers. Contact Lalak LLC today to schedule a free, confidential, no-obligation consultation and learn how we can assist you.