As an Ohio-based lawyer, I can confirm that Ohio is an “employment-at-will” state, meaning employers can, in general, terminate employees for any reason or no reason at all, except for illegal reasons, such as firing someone for a discriminatory reason, for whistleblowing, or for refusing to engage in illegal activity. An employer in Ohio can terminate an employee without cause at any time, as long as the reason for the termination is not illegal.
Still, there are a few exceptions to the employment-at-will doctrine that business owners should be aware of. These include:
- If the termination violates the terms of an employment contract, the terminated employee may have a breach of contract action against the employer.
- If an employer has an employee handbook or other internal document that provides for specific procedures or steps that the employer must follow before terminating an employee, such as warnings or progressive discipline, failure to follow those procedures can lead to potential liability for wrongful termination.
- If an employee is part of a protected class based on state or federal law such as race, gender, religion, age, or disability, the employer may face a discrimination lawsuit if the employee can show that the termination was based on his or her membership in that protected class.
Moreover, employers should ensure that they maintain accurate job descriptions, regularly document employee performance and conduct, and have a clear understanding of their rights and obligations under state and federal employment laws.
In conclusion, Ohio business owners generally have broad discretion in terminating employees without cause. However, certain exceptions to the employment-at-will doctrine exist, making it essential to seek legal advice before terminating an employee if there is any potential for the termination to be construed as unlawful.
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