I was fired from my job approximately a month ago without warning. Long story short, I applied for unemployment (despite having been terminated), and after about three weeks, they contacted me and stated that the evidence presented to them showed that I was fired without just cause under section 4141.29(D)(2)(a) of the Ohio Revised Code. Can I therefore sue my employer for wrongful dismissal, since a state government agency has concluded that my employer fired me without just cause?
I forgot to mention that I was a member of a union. I am sure that is relevant but I don't know for sure.
The criteria used by unemployment to determine whether an employment action is “for cause” is much different than that of Federal and State law.
A termination is unlawful only if it was motivated by discrimination (age, race, religion, sex, or disability) or in retaliation for engaging in a protected activity, such as reporting discrimination, filing for Worker’s Compensation, or filing for FMLA.
If you feel that your termination was motivated by any of the reasons above, I would recommend that you speak with an employment law attorney as soon as possible to decide what, if any, legal recourse you may have. The statute of limitations on most of these actions is very short, so, again, you should schedule an appointment as soon as possible. I would also recommend that you speak with your union, who may be able to assist you in this matter.
Lori A. Strobl
Strobl & Associates, Co. LPA
1015 E. Centerville Station Rd.
Centerville, Ohio 45459
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2 lawyers agree
Divorce / Separation Lawyer
I am in agreement with the first poster. Ohio is an employment-at-will state. This means you can quit for no reason and they can fire you for no reason. As poster one stated, there are certain things you cannot be fired for, such as gender, religion, etc., but in general, you can be fired for no good reason. When ODJFS states there was not "just cause" for firing you, and in turn you qualify for unemployment compensation, this simply means you did not cause your unemployment by insubordination, absence, failure to follow rules, etc. Being fired without warning is a terrible experience, but without more, it does not legally rise to the level of wrongful termination.
Shannon G. Becker
The Law Office of Shannon G. Becker, LLC
P.O. Box 3663
Mansfield, Ohio 44907