In Ohio, there are both state and federal laws that apply to terminating an employee. As such, it is important for employers to fully understand these laws to avoid legal liabilities.
Under Ohio law, employees are generally considered to be employed at will, meaning that either the employer or employee can terminate employment at any time, for any reason, unless there is an employment contract in place that states otherwise. However, there are certain exceptions to this rule.
Ohio law prohibits employers from terminating employees for certain reasons, such as discrimination based on race, gender, religion, national origin, disability, age, or pregnancy status. Employers also cannot terminate employees for filing a worker's compensation claim, participating in a union, or complaining about workplace health and safety issues.
In addition to state laws, federal laws such as the Family and Medical Leave Act (FMLA) and the Americans with Disabilities Act (ADA) also apply to termination. For example, employers cannot terminate an employee for taking leave under FMLA or for requesting an accommodation under ADA.
To legally terminate an employee in Ohio, employers should provide a clear reason for termination and keep detailed records of the termination process. Employers should also engage in good faith efforts to resolve any potential issues with the employee and attempt to avoid termination if possible.
If an employer is considering terminating an employee, it is advisable to seek the guidance of an experienced employment attorney to review the specific circumstances of the termination and advise on any potential legal liability or issues.
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