Tag: Wrongful Termination

What is a wrongful termination in violation of public policy claim in Ohio?

wrongful termination attorney columbus ohio

I think I’ve been wrongfully terminated. What do I need to prove in order to bring a wrongful termination in violation of public policy claim under Ohio law?

Ohio is an at-will employment state. Unfortunately, this means that for the vast majority of employees, their employer may terminate them for any reason or even no reason at all. However, there are exceptions to this general rule. A claim for wrongful termination in violation of public policy arises where the employee is fired under circumstances that violate certain laws put in place to protect public health and safety.

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When is Third Party Retaliation an Actionable Claim?

The Supreme Court has held that an employer can be found liable for terminating an employee when that employee’s fiance has engaged in a protected activity (Opposing discrimination, complaining about harassment, etc.) under Title VII (Discrimination). So what relationship needs to exist between the Third Party and the individual engaging in the protective activity to have an actionable claim? The Supreme Court has provided a factor test: Justice Scalia suggests that there are two factors that determine whether third-party retaliation is unlawful under Title VII: 1. The nature of the relationship; and 2. The severity of the employer’s action. Thus, he states: “We expect that firing a close family member will almost always meet the Burlington standard, and inflicting a milder reprisal on a mere acquaintance will almost never do so.” Read more on Unlawful Third Party Retaliation.