You’ve been fired for what you believe is not just an unfair reason, but an illegal reason. Do you have a wrongful termination case? In short, it depends—but the only way to find out is to talk to an experienced employment law attorney about your rights and options.
Here are some of the key factors we consider to determine whether a wrongful termination case is viable. Remember, this is general information, not legal advice. If you have a potential wrongful termination matter, give us a call or contact us online for a free case evaluation.
What we look for when you’ve been fired for an illegal reason
As in almost every state, most employees in Ohio are “at-will.” That means your employer can fire you for a good reason or a bad reason; however, they still cannot fire you for an unlawful reason.
While there are many types of wrongful termination cases, most fall into one of two primary categories: discrimination cases and retaliation cases.
- Discrimination cases involve being fired because of a protected characteristic, such as race, sex, religion, age (if over 40), disability, pregnancy, or genetic information.
- Retaliation cases involve being fired after engaging in a legally protected activity, such as filing a workers’ compensation claim, reporting unsafe workplace conditions to OSHA, or taking medical leave under the Family and Medical Leave Act (FMLA). It’s also unlawful retaliation to fire someone for reporting potential discrimination in good faith—even if you can’t prove the underlying discrimination itself.
Is there evidence to prove that you were fired for an illegal reason?
As the fired employee in a wrongful termination case, you have the burden of proof. That means you have to produce enough evidence to convince the court that you were fired illegally. Some types of evidence in wrongful termination cases include:
- Direct evidence, such as explicit statements by decision-makers or documents that reveal a discriminatory policy. This sort of “smoking gun” evidence is powerful when you can find it, but it’s uncommon.
- Comments made by managers and decision-makers in your workplace that may play into stereotypes or otherwise serve as evidence of a discriminatory motive. The value of remarks as evidence depends on several factors, such as who made the comment and how closely connected it was to the decision to fire you.
- Comparator: A comparator is a similarly situated employee without the same protected characteristic who was treated differently. For example, if you believe you were fired because of your race, and your employer claims you were fired because you violated a company policy, you may be able to show discrimination if they didn’t fire an employee of a different race who violated the same policy.
- Patterns or practices that show a history of discrimination in your workplace. If your employer has a history of being quick to fire employees who share a particular characteristic, that can be powerful evidence of discrimination in your case.
- Timing: In retaliation cases, the timing of the termination can be very powerful evidence. If you were fired shortly after you reported discrimination or engaged in another protected activity, then you may have a strong retaliation claim.
How long ago were you fired?
There are strict deadlines that apply to wrongful termination cases. Depending on the specific reason you were fired, you might have as little as 180 days to take action. That’s why it’s critical that you speak to an employment law attorney as soon as possible to discuss your legal rights and options.
Contact Gibson Law, LLC today for your free case evaluation.
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