The 5 Ways Your Firing Was a Wrongful Termination

Updated July 31, 2020

Being fired from your job is upsetting, but knowing your firing was unjust makes it even harder to accept. If you’re in Ohio and believe that you’ve been the victim of wrongful termination, it’s time to contact an employment lawyer and build your claim.

Dyer, Garofalo, Mann & Schultz has vast experience in handling wrongful termination cases, and we want to be the employment lawyer that fights for your legal rights. Before setting up your consultation, you need to know what constitutes wrongful termination in Ohio. There are five scenarios in which you could be wrongfully terminated, making an Ohio employment lawyer a necessary advocate on your behalf.

Let’s Begin.

1. When Your Contract Was Broken

You have a valid claim for wrongful termination in Ohio if it was determined by your employment lawyer that your employment contract was broken or breached. A contract is breached when one party fails to fulfill the obligations that they agreed to abide by. However, there are several layers to examine with your employment lawyer before claiming wrongful termination.

If you signed a contract including an at-will employment agreement, it means your employer can fire you at any time for any legal reason. This agreement also allows you to quit your job at any time. Because of that at-will employment agreement, your employer has the latitude to let you go if and when they see fit. In Ohio, you are considered an at-will employee, meaning you can be dismissed at any time without cause.

However, there are ways around that “at-will” aspect, which could prove a wrongful termination took place. If there were contract stipulations that were directly violated, such as a specified employment duration or a guarantee of employment, you may have a wrongful termination claim. As an employee, you may have a contractually specified time frame where you work for your employer without being terminated. If you were fired from your job before this time frame ends, you could file a wrongful termination claim through your employment lawyer. You may also have a wrongful termination claim if you were fired for reasons not allowed by the contract.

Damages for contract breaches in a wrongful termination case can be substantial. If, for example, you signed a year-long contract, and the breach occurred after six months, the court would order your employer to pay you for the remaining six months. It’s important to have an employment lawyer analyze the contract terms to determine whether or not a breach took place.

2. When You Were the Whistle Blower

Sometimes, trying to take the moral high ground in your workplace will incite your employer to fire you. You have grounds for a wrongful termination claim in Ohio if your employer fired you for exercising your legal rights. Or, you can bring a wrongful termination lawsuit to them via your employment lawyer if you reported illegal conduct at work.

Federal and Ohio employment laws clearly prohibit your employer from retaliating against you when you exercise your workplace rights. Employment laws, such as workplace harassment and discriminations, wage and hour laws, leave laws, and health and safety laws, disallow retaliation against employees who report violations. A wrongful termination claim should be filed through your employment lawyer if your employer violated those rights by firing you for reporting illegal or criminal behavior. You are protected in Ohio if you tell your supervisor about behavior that could lead to a felony, risks physical harm, or threatens public safety. You must report to your supervisor orally first, then do so in writing.

3. When Your Employer Discriminated Against You

In Ohio and all across the United States, discrimination is something that is not tolerated and can lead to a wrongful termination lawsuit.

No Ohio employer has the right to fire you based on race, religion, gender, sexual orientation, gender identity, age, disability, or pregnancy. Firing a person belonging to these protected classes is illegal. Ohio has laws that offer protections for employees. However, you must file a discrimination complaint with a state or federal agency before your employment lawyer can take your wrongful discrimination claim to court.

4. When It Relates to Your Medical History

This form ties in with discrimination, and you have cause to claim wrongful termination if you were fired due to your medical history or an illness.

Due to your at-will status, an Ohio employer can fire you if you’ve missed too much work, considering attendance is a major requirement for the job. However, if your absences are protected by various acts and mandates, you can make a wrongful termination claim. These acts include the Family and Medical Leave Act, the Americans with Disabilities Act, workers’ compensation laws, or Ohio paid sick leave laws. Being fired when protected by these laws means you should call an employment lawyer immediately and build your wrongful termination claim.

5. When You Talked About Labor Issues with a Co-Worker

Under the National Labor Relations Act, you cannot be terminated for speaking with co-workers about ways to improve working conditions or wages.

Furthermore, your employment lawyer will remind you that you don’t need to be part of a union to be protected by this act, a federally-mandated law. Your employment lawyer can file a wrongful termination claim on your behalf if you were fired due to what is branded as “protected concerted activity.”

Get in Touch with a Wrongful Termination Lawyer

If you’ve been fired for any of these reasons and need an employment lawyer to help file your wrongful termination claim, Dyer, Garofalo, Mann & Schultz can help. Acting as your Ohio employment lawyer, we will analyze the circumstances of your firing as well as state and federal


Quick Answers

What Happens If You’re Fired But You Have a Contract?

If there were contract stipulations that were directly violated, such as a specified employment duration or a guarantee of employment, you may have a wrongful termination claim. As an employee, you may have a contractually specified time frame where you work for your employer without being terminated. If you were fired from your job before this time frame ends, you could file a wrongful termination claim through your employment lawyer.

Learn More

What Happens If You’re Fired After Reporting Your Employer?

Federal and Ohio employment laws clearly prohibit your employer from retaliating against you when you exercise your workplace rights. Employment laws, such as workplace harassment and discriminations, wage and hour laws, leave laws, and health and safety laws, disallow retaliation against employees who report violations.

Learn More

What Happens if You are Fired Due to Discrimination?

No Ohio employer has the right to fire you based on race, religion, gender, sexual orientation, gender identity, age, disability, or pregnancy. Firing a person belonging to these protected classes is illegal. Ohio has laws that offer protections for employees. However, you must file a discrimination complaint with a state or federal agency before your employment lawyer can take your wrongful discrimination claim to court.

Learn More

What Happens If I’m Fired for Going to the Doctor or Using Sick Leave?

Due to your at-will status, an Ohio employer can fire you if you’ve missed too much work, considering attendance is a major requirement for the job. However, if your absences are protected by various acts and mandates, you can make a wrongful termination claim. These acts include the Family and Medical Leave Act, the Americans with Disabilities Act, workers’ compensation laws, or Ohio paid sick leave laws. Being fired when protected by these laws means you should call an employment lawyer immediately and build your wrongful termination claim.

Learn More

What Happens If I’m Fired for Discussing Wages/ Working Conditions/ Forming a Union?

Under the National Labor Relations Act, you cannot be terminated for speaking with co-workers about ways to improve working conditions or wages.

Learn More


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