Communications in the business world have been growing less formal for years, and the recent significant expansion of remote work means channels like Zoom, email, and even text messaging are becoming more common. For many employees, that change has been welcome. But, there are limits. Or, are there?
You may have seen recent stories about layoffs and terminations that seem both unprofessional and insensitive. There was the CEO of an online mortgage company who gathered 900 employees in a Zoom meeting to let them know they were being laid off and the trendy restaurant chain that cut 40% of its workforce by text message. These stories–and smaller-scale personal experiences–have many Ohio workers asking, is it legal to fire someone over text?
In most situations, the answer is yes.
Firing someone by text message isn’t just bad manners. To many employees, it seems too informal to be effective. It’s certainly not the best delivery mechanism. It’s easy to miss a text message, and depending on your devices the employer may have no way of knowing whether it was received.
But, for most Ohio workers, an employer can use nearly any means of communication to terminate the employee. That’s because Ohio is an at-will employment state. That means that most employees in the state can be fired at any time, for any reason, as long as the reason doesn’t violate the law.
For example, an Ohio worker can’t be fired for a racially discriminatory reason, or because the employee filed a workers’ compensation claim, or due to pregnancy. Of course, this works both ways: employees are generally free to quit a job whenever they want, for whatever reason they choose.
There are generally no legal restrictions on how either the employer or the employee communicates that termination.
As a practical matter, an employer will generally need to let you know that you’ve been terminated. But, there’s technically no notice of termination requirement at all. In most Ohio employment situations, it would be perfectly legal if the employee showed up to work one morning and discovered that their access badge had been disabled.
Although by default most Ohio employees are employees-at-will, employers and employees can change that by entering into an employment contract. The contract may spell out the reasons an employee can be terminated and may require a certain notice period or compensation for early termination.
An employment contract may also specify a particular process for terminating employment. Often, that includes a requirement that the termination be in writing.
Whether or not a text message satisfies that requirement will typically depend on the precise terms of the contract. A well-formulated employment contract will specify what forms of communication are acceptable. Since electronic communication has become near-universal, it’s not unusual for a contract to state that electronic communications such as email will satisfy the written notice requirement.
By agreement, that could be extended to text messaging. If the contract doesn’t specify, a court may have to determine whether the notice complied with the writing requirement in the contract. That’s an area of law that’s still developing.
Some employee handbooks specify the circumstances under which an employee can be terminated, and what sort of notice is required. For example, many lay out a series of write-ups or warnings that will precede termination. In some states, the employee handbook is considered a contract, and the employer is required to follow the steps set forth for disciplinary action before termination.
In Ohio, an employer may generally avoid being bound by the handbook by having employees sign a disclaimer that acknowledges that the handbook does not form a binding contract.
Some Ohio courts have even ruled that a disclaimer in the handbook itself reminding employees that they are employees at will and may be terminated at any time is sufficient, even without a signature.
Firing an employee is one of the most challenging tasks a company leader faces. Even so, firing an employee is sometimes necessary. Employers should know how to lawfully terminate employees, and employees should know how to recognize when a firing violates their rights under labor laws.
While it is not easy for an employer to deliver negative news, here are a few tips for employers on lawfully managing the process and employees to protect their own rights.
While there are local rules and regulations regarding firing an employee, each company has laws regarding terminating workers. Comply with the employment contract terms to avoid putting the organization in legal trouble.
Understand the valid reasons for firing an employee and the best way to fire someone according to the company’s policy. More importantly, complete any documents and requirements for termination.
If you notice a worker isn’t meeting company standards or their performance levels have decreased, you should let them know the company hasn’t been happy with their recent performance. Potentially give them an opportunity to improve if it makes sense before firing them.
If they fail to improve their performance, it may lead to their termination and reduce the chances of a legal dispute, as you provided them an assessment and opportunity to adjust their work.
You may need a few documents to comply with the company’s termination policy. It may include the reason for termination and supporting evidence. Approaching the process with supporting documents helps make the hiring easier and from an informed approach.
Other additional tips to fire an employee include:
Wrongful termination generally relates to the reason for termination. Some common examples include:
Of course, every case is different, but damages in a wrongful termination case may include:
In some cases, a court may even order reinstatement of a wrongfully terminated employee. If you believe you may have been the subject of wrongful termination, set up a free consultation with an Ohio attorney to review your case.
On the other hand, when an employer in an at-will arrangement terminates that arrangement by text message (or by Facebook message, or by carrier pigeon, or by telling you when you show up one morning that you were terminated the night before), there’s generally no legal remedy available.
While you may not reverse the firing decision, you can check whether the employer has given you the correct notice and entitlement.
Here are a few things to consider:
An Ohio employment lawyer from Dyer, Garofalo, Mann & Schultz can help determine whether an employer has violated your rights and whether further action would be worthwhile. There are also numerous labor laws that an employer could violate unknowingly or willfully, highlighting the need for an objective evaluation of your termination.
An attorney can evaluate whether your termination was illegal and gather evidence to prepare a lawsuit against the employer. In other instances, an employment attorney can help an employee negotiate a favorable resolution with the employer. Call us at 1.937.222.2222 to assist you.
Before establishing Dyer, Garofalo, Mann & Schultz L.P.A., Doug Mann, a top Ohio Injury Attorney served as a bodily injury claims adjuster at a major insurance firm. With over 40+ years of experience, Doug’s background has proven invaluable in securing maximum cash settlements for his clients swiftly. Since leaving the insurance industry, Doug has devoted his entire legal career to assisting injured clients during their times of greatest need.
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Founding Partner, Doug Mann who has more than 20 years of legal experience as a practicing personal injury attorney.
Keep up to Date with Our Newest Firm Updates
Lift trucks are also known as forklifts and have become very essential equipment in many industries. These are the sites that employ heavy lifting, transporting, and placing of materials in […]
In most cases, being involved in a car accident throws victims into confusion and stressful moments. Victims often grapple with questions about their next steps, legal obligations, and how to […]
It is common to experience shock and confusion after a motorcycle accident, not knowing what to do next. At this time, you need to stay calm and ensure your safety. […]
If you or a loved one has been seriously injured, please fill out the form below for your free consultation or call us at 1.937.222.2222
