PDA

View Full Version : Wrongful Termination? Ohio


Sirikta
03-17-2007, 10:56 PM
Hi....my fiancee was recently terminated from his position at his newly aquired job....He bagan working before he had earned his Bach. degree as a part time hourly wage employee....and was to obtain salary position after he has graduated...three days after he obtained his degree he was fired without any cause....he has attempted to contact his boss as well as HR and has had no responce from either party....I am aware that in Ohio employers do not have to give a reason for termination....and the only reason either of us can come up with is the fact that he has been late to work a couple times due to a clinical depression...In the employee handbook that was given to him at the time of hire it stated that multiple tardiness may result in disiplinary action...but he was never warned or repremanded for said tardies...Can I please get some feedback on this....We have no idea what to do....

cbg
03-17-2007, 11:00 PM
There is no law in any state that requires an employee be given a warning or notice before he can be fired.

Nothing you have posted comes even remotely close to a wrongful termination, sorry.

Sirikta
03-17-2007, 11:00 PM
Also....does an employer have to give anything in writing when it comes to termination?

Sirikta
03-17-2007, 11:03 PM
What are the laws when it comes to unemployment then?....I know that your termination has to be no fault of your own....but what if they dont give a reason....what then?....

joec
03-17-2007, 11:10 PM
Is there a displine procedure outlined in the employee handbook ?
JoeC

Sirikta
03-17-2007, 11:27 PM
No...there was on displinary procedure in either his employee handbook, or his contract...but i would imagine "disipline" wouldnt mean termination for a minor offense....

joec
03-17-2007, 11:38 PM
Oh he has a contract,have an attorney review it for a breach.
JoeC

cbg
03-17-2007, 11:40 PM
No, an employer does not need to give you anything in writing about the termination.

There is no correlation between the legality of a termination and receiving unemployment. Given the circumstances you describe I would expect him to be able to collect, but that does not change the fact that nothing illegal transpired.

Just because he has not been given a reason does not mean that the UI office will not require one. They'll have to give a reason to the UI office. If by some chance they don't, that will only mean that UI is granted.

Sirikta
03-17-2007, 11:44 PM
Thanks guys....one last thing....they had mentioned to him that he was to go through an "exit interview" and he was to contact HR the following day....they have not contacted him back and it has been over a week....can you please explain what an exit interview is and what happens if he does not go through it....

cbg
03-17-2007, 11:46 PM
An exit interview is a short discussion with HR about his termination. He may well get his reason then. It also can be, but is not always, the time he receives the paperwork for things like COBRA.

Nothing happens if he doesn't go through with it. It is not required by law. But it can do him no harm and may give him some closure to do so.

Sirikta
03-17-2007, 11:48 PM
We are just finding it quite odd that he has tried (through both phone and email) to contact HR...and has had no responce

cbg
03-18-2007, 12:27 AM
If they don't care enough to return the call, you shouldn't worry either.

Ohio Labor Law Posters
Comply with Ohio regulations with one Complete Ohio Labor Law Poster.
Trusted with customer satisfication.
Call (800) 745-9970 or shop online at www.LaborLawCenter.com.