Employment Law Frequently Asked Questions
What is meant by "employment at will"?
Ohio law generally assumes that employees are employed for an indefinite period of time and that the employment can end anytime at the will of the employer or employee. That is, if there is no employment contract, an employee can quit or be fired at any time for no reason.
Are there exceptions to "employment at will"?
Yes. Ohio courts recognize the "promissory estoppel" exception to the employment-at-will doctrine. If an employer specifically promised an employee continued employment, and the employee reasonably relied on that promise, the employer could be liable for breaking that promise.
What other circumstances constitute a wrongful discharge?
Although at-will employment permits an employer to fire an employee for a good reason, or even no reason, it does not permit the employer to fire an employee for a bad or illegal reason that violates public policy. State and federal laws protect employees against discriminatory discharges based upon the employee's age, race, sex, religion, and nationality. The federal bankruptcy code prohibits employers from firing employees because they filed bankruptcy. Firing a whistle-blower for complaining about workplace discrimination or safety violations can also be illegal. Other Ohio laws limit an employer's ability to fire employees who were summoned for jury duty, made claims under the wage and hour laws, or had their wages garnished. Other protections against wrongful termination could exist in the circumstances of your situation. Please talk with an employment attorney at Steuer, Escovar, Berk & Brown to determine if you have a claim for wrongful discharge.
What kind of compensation could I recover in a wrongful discharge lawsuit?
Depending upon the unique factual circumstances of your case, you could be found entitled to recover:
- Back pay
- Future lost wages
- Compensation for emotional or mental anguish
- Attorney's fees
- Punitive damages
- Reinstatement in your job
