Skip to content
All posts

What are the steps to take to terminate an employee in Ohio?

As a lawyer, I would advise that terminating an employee in Ohio should be done in compliance with state and federal laws to avoid potential legal issues. Here are the steps an employer should take to terminate an employee in Ohio:

  1. Review the employment contract: Before terminating an employee, an employer should review the employee's contract or collective bargaining agreement (if applicable) to ensure compliance with any termination clauses or requirements. The employer should also ensure that the termination won't breach any contractual obligations.
  2. Determine the reason for termination: An employer should have a valid reason for terminating an employee. They can terminate an employee for a range of reasons including poor performance, misconduct, violations of company policy, or other legal grounds. The reason for termination should be documented.
  3. Provide written notice: The employer should provide written notice of termination to the employee. If the reason for the termination is due to misconduct or a violation of company policy, the employer may terminate the employee immediately. However, if the reason for termination is related to a layoff or termination without cause, the employer should provide a written notice at least two weeks before the termination date.
  4. Final pay: Employers should provide the final paycheck to the employee on or before the next scheduled payday following the termination. If the employer fails to do so, they may be liable for damages, including interest on the unpaid wages.
  5. Exit interview: Employers may conduct an exit interview to gather feedback from the employee, to ensure all company property is returned, and to discuss the terms of any severance or separation agreements.

Additionally, employers should be aware of potential limitations and exceptions that apply to termination. For instance, if the employee has an employment contract or is covered by a collective bargaining agreement, the employer may be required to comply with specific procedures and requirements. Employers should also take care to avoid violating anti-discrimination laws by ensuring that termination decisions are not based on an employee's protected characteristics such as race, gender, or age.

If an employer is uncertain about how to proceed with terminating an employee, they should consider consulting with an experienced employment lawyer to avoid potential legal issues.