Columbus Wrongful Termination Lawyers

Losing a job is disruptive under any circumstances. When the real reason for a firing is unlawful, Ohio and federal law give you options. Mansell Law represents employees and executives across Ohio who believe they were terminated illegally, and we help clients decide quickly whether to negotiate, file a charge or go to court.

Ohio Is an At-Will State, With Important Exceptions

Most Ohio employment is “at will,” which means an employer can generally end the relationship for any reason or no reason. It cannot end it for an illegal reason. A termination may be unlawful when it is:

• Discriminatory. Firing someone because of race, sex, age, disability, religion, national origin, military status or another protected characteristic violates Ohio Revised Code Chapter 4112 and federal law. See Discrimination.
• Retaliatory. Firing someone for complaining about discrimination or harassment, taking FMLA leave, requesting an accommodation, filing a workers’ compensation claim or reporting illegal conduct is unlawful under several statutes. See Retaliation and Whistleblower.
• In violation of public policy. In Greeley v. Miami Valley Maintenance Contractors, Inc., 49 Ohio St.3d 228 (1990), the Supreme Court of Ohio recognized a claim for termination that violates a clear public policy. In Painter v. Graley, 70 Ohio St.3d 377 (1994), the court explained that public policy can be found in constitutions, statutes, administrative rules and the common law. This claim is generally unavailable when a statute already provides an adequate remedy, so the right legal theory matters.
• A breach of contract or promise. Written contracts, offer letters and equity agreements can limit when and how you may be terminated. In Mers v. Dispatch Printing Co., 19 Ohio St.3d 100 (1985), the Supreme Court of Ohio recognized that implied contracts and promissory estoppel can also modify at-will employment.

Common Wrongful Termination Situations

• A firing shortly after a complaint, medical leave or a workers’ compensation claim
• A “performance” termination that follows years of strong reviews and a change in supervisor
• A layoff that falls disproportionately on older employees or one group
• A termination that strips earned commissions, bonus or equity
• An executive removed without the “cause” required by an employment agreement (see Executive Wrongful Termination)

Act Quickly: Some Deadlines Are Very Short

Deadlines depend on the claim. Discrimination claims under Ohio law generally must be brought within two years and usually require a charge with the Ohio Civil Rights Commission first. A federal EEOC charge must be filed within 300 days. Workers’ compensation retaliation claims under R.C. 4123.90 carry much shorter deadlines, including written notice to the employer within 90 days of the termination. Because some deadlines are measured in weeks, speak with a lawyer promptly.

Before You Sign a Severance Agreement

Many terminations come with a severance offer that requires you to release all claims. Once signed, that release can end a valuable case. Employees 40 and older are entitled under federal law to time to consider an agreement that waives age claims, generally 21 days (45 days in a group layoff), plus 7 days to revoke after signing. We review severance offers and, where you have leverage, negotiate better terms. See our Severance Agreements page.

How We Help

1. Review the timeline, documents and the stated reason for termination
2. Identify every claim, including contract, equity and bonus rights
3. Preserve evidence and protect references and unemployment benefits
4. Negotiate severance or a settlement, or file the appropriate charge or lawsuit
5. Prepare the case for trial if the employer will not resolve it fairly

Frequently Asked Questions

Is being fired unfairly the same as being fired illegally?

No. An unfair or unexplained firing is not always unlawful. The question is why it happened and whether a law or agreement protects you.

What should I do right after I am fired?

Write down what was said and when, keep copies of documents you are entitled to keep, do not sign anything right away, and contact an employment lawyer.

Can I still collect unemployment?

Often, yes. Ohio unemployment eligibility is separate from whether the termination was legal. See our Unemployment Compensation page.

Talk With an Ohio Wrongful Termination Lawyer

Call Mansell Law at (614) 610-4134 for a free case evaluation, or use our contact form.

Related pages: Discrimination, Retaliation, Whistleblower, Severance Agreements, Executive Wrongful Termination.