If you are an employee who was recently let go from your job, you might be wondering, “what constitutes wrongful termination?” Ohio is an at-will employment state, meaning that an employee can be fired at any time and for any reason — or for no reason at all. However, by law, the reason for termination may not be discriminatory. If you were discharged for an unlawful reason, you may be able to pursue a wrongful termination claim to recover your damages.

What is Wrongful Termination in the Workplace?

Wrongful termination occurs in the workplace when the reason behind the discharge is illegal or discriminatory. There are a broad scope of grounds that can give rise to a wrongful termination claim in Ohio. Specifically, some examples of what constitutes wrongful termination among at-will employees can include the following:

• Termination based on illegal discrimination — Under Ohio law, it is illegal for an employer to fire you based on your membership in a protected class. For instance, an employer is prohibited from terminating you because of your race, ancestry, gender, sexual orientation, religion, pregnancy, disability, genetic information, or military status. In addition, discrimination based on the age of individuals over 40 is legally prohibited.
• Retaliation for engaging in a protected activity — There are a number of state and federal laws that prohibit an employer from terminating you for exercising your legal rights to engage in protected activity. An employer may not fire you in retaliation for requesting medical leave under the Family and Medical Leave Act, requesting a reasonable accommodation under the Americans with Disabilities Act, or reporting workplace discrimination. You also cannot be terminated for reporting a workplace safety hazard, cooperating with an EEOC investigation, demanding minimum wage, or filing a Workers’ Compensation claim.
• Termination based on public policy violations — Firing an employee based on certain violations of public policy can constitute wrongful termination. If you were terminated for a public policy reason, such as serving on a jury, serving in the National Guard, or taking time off to vote in an election, you may be able to assert a wrongful termination claim.

Employees who are not considered to be “at-will” include those who have entered into employment contracts, those who belong to a union with a collective bargaining agreement, and certain government employees. While these employees typically have provisions in their agreements regarding job security, the reasons for termination can be specified. If they are fired for a reason that violates the agreement or contract, they may be able to sue for wrongful termination.

How to Prove Wrongful Termination

It’s important to understand the difference between what constitutes wrongful termination and termination that is unfair. Significantly, wrongful termination arises when the reason behind an employee’s firing is illegal, discriminatory, or violates public policy. While you may take legal action against an employer for firing you due to your membership in a protected class, you cannot sue an employer for terminating you on the grounds that you were consistently late or failed to perform your tasks in a satisfactory manner.

If you think you have been wrongfully terminated, it’s important to document all instances of discrimination or retaliation. You should also obtain the names and contact information for any witnesses, as well as keep records of any employee evaluations — this can help to show that your termination was not related to your job performance. In addition, obtain a copy of the company’s employment manual and retain communications such as emails, memorandums, and text messages that can help to support your claim.

What are Your Legal Remedies if You Have Been Wrongfully Terminated?

If you can establish that your firing constitutes wrongful termination, you may be entitled to recover a wide array of damages and equitable relief. Both economic and non-economic damages may be awarded by either a judge or jury following a wrongful termination trial. Depending on the facts of your case, some potential legal remedies in a wrongful termination lawsuit can include the following:

• Reinstatement to your position
• Compensatory damages for front pay, back pay, lost benefits, and other financial harm you suffered
• Emotional distress damages
• Treble damages in twice the amount of unpaid wages
• An injunction that stops your employer from engaging in unlawful practices
• Attorneys’ fees and court costs

In some cases, punitive damages may also be awarded in a wrongful termination lawsuit if the employer’s conduct was particularly egregious. These damages are not meant to compensate an employee, but they are designed to punish the employer for their wrongdoing. Ohio law caps the amount of punitive damages an individual can recover at two times the compensatory damages that were awarded, up to a maximum of $350,000.

Contact an Experienced Ohio Employment Law Attorney

What constitutes wrongful termination can be complex. If you believe you were wrongfully terminated from your employment, it’s essential to have a knowledgeable employment law attorney by your side who can evaluate your case and advise you regarding your options. Located in Westlake and providing skillful representation to clients throughout Ohio, the employment law attorneys of Lalak LLC fight for the rights of workers who have been unlawfully discharged by their employers. Contact Lalak LLC today to schedule a free, confidential, no-obligation consultation and learn how we can assist you.