Wrongful Termination

Columbus Wrongful Termination Attorneys

In Ohio’s not too distant past, the relationship between the employer and the employee was left generally untouched by government intervention. Employees were left to fend for themselves for fair treatment against their larger, wealthier and more powerful employers. It was during this time period when employees literally worked at the "will" of their employers. As a result, the active, but aging legal doctrine of "employee at will" was formed. The "employee at will" doctrine stands for the principle that non-union employees in the private sector can be fired by their employers at any time for cause or for no reason at all. In other words, the "employee at will" doctrine "permits termination of employment for no cause or for 'any cause' which is not unlawful, at any time and regardless of motive." Greeley v. Miami Valley Maintenance Contractors, Inc. (1990), 49 Ohio St. 3d 228.

In the private sector, the "employee at will" doctrine is often stated at the beginning of the personnel handbooks issued by most employers. Although the "employee at will" doctrine is still active in Ohio, the harshness of this doctrine has led to legislative and common law exceptions over the past 30 years. These Ohio recognized exceptions, are what I characterize as the employee’s rights. Generally, these exceptions to the "employee at will" doctrine fall into three basic categories:

• Exceptions based on the laws prohibiting discrimination;
• Exceptions based on the laws of contracts; and
• Exceptions based on wrongful termination in violation of Ohio's public policy.

The first exception to the "employee at will" doctrine is based on the laws which prohibit discrimination. This means that even though a private employer can terminate its employees at any time for cause or for no reason at all, the employer can not terminate that employee, refuse to hire a potential employee or changing the terms and conditions of employment for the employee on the basis of that employee’s race, age (over 40), sex, national origin, or because the employee has a disability. There are a few other types of prohibited discrimination, such as religious discrimination.

The second exception to the "employee at will" doctrine is based on the law of contracts. Basically, this exception protects Ohio employees by making liable 1) those Ohio employers who either breach specific verbal or written contracts with their employees or 2) those Ohio employers who fail to fulfill specific promises made to employees that the employee relied on to his or her detriment.

The third exception to the "employee at will" doctrine is based on employer conduct which violates Ohio's public policy. This exception basically protects Ohio employees by prohibiting the private employer from terminating its employees in violation of Ohio's clear public policy as expressed in a state or federal constitution, statute, administrative regulation or in common law.

Please note that this discussion is extremely general and not intended to educate one fully to the highly complicated area of employment law. It can not. The intent of this web site is to provide some general information to Ohio employees regarding some of their legal protections to assist them in communicating with the attorney of their choice.

Please note that e-mail sent on an employer’s computer system will probably be considered property of the employer and may be read or printed by the employer without your permission and could be the subject of discipline.

For more information, contact an attorney at our firm. From our office in Dublin, we represent clients throughout the Columbus metro area and central Ohio.