Wrongful termination is a commonly misunderstood concept. Many people feel their employer has wrongly fired them, but in most cases, this is not true. While they may not agree with the employer’s decision, there are specific legal aspects required to prove wrongful termination under the law.
The Ohio Bar Association explains anyone not working under a contract that specifies the end of employment terms must consider the reason for termination before making a claim of wrongful termination.
Protected status
Discrimination is one of the unallowed reasons for termination. If you can tie your protected status, such as race or religion, to the reason the employer let you go, then you may have a case. Discrimination is a federally recognized reason for making a claim against an employer, but it can be difficult to prove.
Service
If you lose your job because you had to serve in the military or on jury duty, then you would have a good wrongful termination case. Employers cannot punish you for carrying out these duties as you have protection under the law.
Medical
If your employer fires you for missing work, but you were out on approved medical leave, then you might have a good claim. You will need to consider whether you took leave under a protected status. Simply, calling off regularly without taking the proper steps to verify a valid medical need and using a legal process to get leave would not qualify you for a wrongful termination claim.
Retaliation
Your employer cannot fire you for reporting issues to an agency. For example, if you report a safety issue to OSHA, your employer cannot fire you for doing that. Standing up for yourself or using benefits, such as workers’ compensation, is also protected.
The typical rule is that the employer should have a documented, legal reason for firing you, such as discipline issues, downsizing or performance problems.