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Can I sue my employer for wrongful dismissal?

Toledo, OH |

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.

Attorney Answers 3


  1. 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
    www.strobllaw.com
    (937) 496-1450

    This website contains general information only. The information contained in this website is not intended to convey or constitute legal advice on any subject matter or intended as advertising or a solicitation. Readers should not rely on the information presented on this website for any purpose without seeking legal advice on the specific facts and circumstances at issue from a licensed attorney in the reader’s state. The information in this website contains general information which is intended, but cannot be guaranteed, to be always up-to-date, complete and accurate. Any representation or warranty that might be otherwise implied is expressly disclaimed. Strobl & Associates, Co., L.P.A. expressly disclaims all liability or responsibility with respect to actions taken or not taken based on any or all of the information contained in this website. Readers should not consider the information presented on this website to be an invitation for an attorney-client relationship, and the transmission of such information is not intended to create, and receipt does not constitute, and attorney-client relationship between the reader and Strobl & Associates, Co., L.P.A. The content of any Internet e-mail sent to Strobl & Associates, Co., L.P.A. or to its attorneys at the e-mail addresses set forth in this website will not create an attorney-client relationship and will not be treated as confidential. Readers should be aware that communications via the Internet may not be secure. Strobl & Associates Co., L.P.A. does not necessarily endorse, and is not responsible for, any third-party content that may be accessed through this website.


  2. I agree with the other attorney here, contact an attorney right away.

    The answer above is for general information purposes and not considered legal advice. This interaction does not create an attorney-client relationship.


  3. 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

    419-800-0325

    www.shannongbeckerlaw.com

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