Popular searches:
layoff laws wrongful dismissal severance pay laws job termination
Talk to a Lawyer
Enter a zip code to speak to a Lawyer that serves your area.
Select the type of Lawyer you need
Ohio Wrongful Termination Laws
There is no place for discrimination or wrongful termination in America’s workplaces, and Ohio legislators agree, since there are not only federal laws, such as the Federal Labor Standards Act of 1938 and the Civil Rights Act of 1964, but numerous state statutes as well. That means that while Ohio is an “at will” employment state, employees and employers are allowed to terminate employment for any reason at any time except for reasons prohibited in federal and state statutes. Those statutes also provide means by which employees can find relief from employers who violate those laws and subject employees to discrimination or wrongful termination.
Ohio’s Specific Labor Laws
Ohio laws designate a number of supplemental labor laws in addition to federal regulations:
|
Benefit |
State Law |
Additional Benefits |
|
Right to Work |
No |
|
|
State Minimum Wage |
$6.85 (Employer definitions same as FLSA) |
Maximum tip credit 50%; minimum wage for tipped employees $3.83 |
|
State Military Leave |
Yes |
Employees called into active duty during times of war or emergency in the Ohio militia, Ohio national guard, public health service corps, or other uniformed service, have equal leave and reinstatement rights as provided under USERRA |
|
Jury Duty |
Yes |
Unpaid leave; employee may not be required to use personal leave; reasonable notice to employer is required; employers with 25 or fewer employees may postpone jury duty for one employee when another is already serving |
|
Voting |
Yes |
Paid time off; reasonable time necessary for voting |
|
Garnishment |
Yes |
Employer fee $3 per pay period for general garnishment; $2 per support order or 1% of withheld amount, whichever is greater, for child support; discharge for wage garnishments by one creditor in 12-month period prohibited |
|
State Family & Medical Leave |
No |
|
|
Arrest & Conviction Records |
Yes |
Employers may not ask about sealed convictions or sealed bail forfeitures unless they have direct and substantial impact on the job; employee may respond to such questions as though sealed arrests never occurred |
|
Discrimination |
Yes |
For 4 or more employees; for age (40 or older); national origin; disability (physical, mental, or learning); gender; pregnancy/childbirth; race; religion |
|
Whistleblower |
Yes |
For both public and private employees; employee must notify supervisor and file a written report to them, allowing them 24 hours to correct or make good faith effort to correct violation |
|
Plant Closings |
Yes |
For businesses with 25 employees or more planning permanent shutdown; or relocation of business at least 100 miles away; Department of Development provides advice and feasibility study for employee ownership |
*These laws change often, so consult local statutes for the most up-to-date information.
Ohio Discrimination Laws
The parameters under which employees may file claims or lawsuits for violations of Ohio’s discrimination and wrongful termination laws include the following:
Private lawsuits are permissible in Ohio for those suffering discrimination in the workplace
It is up to the discretion of the court whether employees with winning claims or lawsuits may recover attorney’s fees
Discrimination claims or lawsuits in the state of Ohio must file within 1 year of the violation
Filing a Claim for Wrongful Termination
Filing a claim for wrongful termination or discrimination in the workplace is a simple matter of contacting the local EEOC agency, Civil Rights Commission, or employee rights attorney; cooperating with their investigation; participating in mediation and conciliation negotiations; and, if necessary, filing a civil suit.
Legal Remedies for Wrongful Termination
State agencies and employee rights attorneys can pursue a number of remedies, as provided for in state and federal regulations. Depending on the state laws, the violation, and the seriousness of the violation, those remedies may include any of the following:
- Punitive damages
- Reinstatement of benefits and position
- Lost wages
- Compensation for stress and suffering
- Injunctive relief in the workplace
- Attorney’s fees and court costs
There are additional penalties in Ohio law for employers who violate discrimination and wrongful termination laws in the following areas:
Jury duty – contempt of court, with fines of up to $250 and/or 30 days in jail for first offense, fines of up to $500 and/or 60 days in jail for second offense; fines of up to $1,000 and/or up to 90 days in jail for third offense.
Garnishment – for wrongful termination, fines of $50 to $200 and 10 to 30 days in jail
Employers cannot discriminate or wrongfully terminate an employee for any of the issues outlined in federal and state laws. Employees have the right to pursue state national guard reserve service, vote, fulfill jury duty, and more. If employers make that impossible, or discipline employees for exercising those rights, employees can pursue remedies such as claims and civil actions. Because of the number of statutes involved, it can be essential to be able to call on the expertise of an employee rights attorney to ensure the success of those claims or suits.
Local Resources
EEOC Regional Offices
Cincinnati Area Office
550 Main Street
10th Floor
Cincinnati, OH 45202
513-684-2851 or 800-669-4000
TTY: 513-684-2074 or 800-669-6820
FAX: 513-684-2361
Cleveland Field Office
1240 E. 9th Street, Suite 3001
Cleveland, OH 44199
Skylight Office Tower
216-522-2003 or 800-669-4000
TTY: 216-522-8441 or 800-669-6820
FAX: 216-522-7395
Civil Rights Commission
Columbus, OH
614-466-5928
888-278-7101
www.crc.ohio.gov