Wrongful Termination
A company’s policies set expectations and hold management accountable to abide by employment laws, which advances the fair treatment of employees. It’s important for businesses to have written company policy manuals, both digital and printed, that detail what the employer expects from its employees, particularly related to performance and behavior.
Common Challenges Encountered in the Workplace
Employment discrimination involves categories known as “protected classes” which are unlawful under Ohio law. Employment discrimination occurs when an employer treats an employee or an applicant for employment differently based on the person’s race, color, religion, sex, national origin, disability, age, ancestry and/or military status.
If there is no employment contract, at-will employment means that employers can terminate employment for any reason, or no reason. At-will employment decisions cannot be based upon any protected class characteristics.
Being fired from a job can be devasting. Loss of stable income has a heavy impact on someone's way of life, and can lead to feelings of shame and rage. It’s especially egregious if an employer discharges an employee for an unlawful reason. If so, the job loss may qualify as wrongful termination.
Harassment can occur when an employer provides job benefits in exchange for intimacy. This is known as “quid pro quo,” which is illegal. Another category of unlawful harassment is called a “hostile work environment.” This takes place when unwelcome behavior is targeted toward a protected class and becomes so severe and pervasive that it interferes with the victim’s ability to perform the job.
Typically, job interviews are essential to the hiring process. Interviews should be used to screen applicants based on their skills, relevant training, and experience. Permissible questions are those that elicit information about an applicant’s qualifications. It is not permissible for employers to ask job candidates questions that probe about the person’s protected class categories.
The state’s fair employment laws are meant to protect both the employer and the employee. It’s advantageous to end improper conduct before it becomes unlawful to ease tension in the workplace and reduce the likelihood of a lawsuit.
Attorney Contacts:
What should I do if I believe I have been wrongfully terminated?
Contact us to help you navigate the complex legal process associated with employment laws. Call us at 440-930-4001 for a free consultation.