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wrongful termination
Lorain, OH
Viewed 231 times.
Posted about 1 year ago in Employment / Labor
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The company I worked for changed management after the purchase of anither compnay and when my local managers changed I was suddenly given a poor evaluation which spoke of termination. I was told I needed to improve job performance. I continually asked for direction and inquired about ways to improve my performance as well as that of my dept. and was ALWAYS assured everything was fine, no problems. My new manager continually told me to relax, not worry, that my bad evaluation had been from my past manager and he did not even know what the problem had been. Two months after this poor evaluation he came into my office and terminated me for poor job performance. The foolowing day when I spoke to him he told me he was instructed by the regional operations anager to terminate me because I did not fit into their new safety culture. I was not ever made aware there was a new safety culture however i was scheduled to attend a safety conference at their headquarters the following week where I assume I was to learn this new culture. I have never received any disiplinary notices written nor verbal except for the poor evaluations two months prior to termination. I was also told the company would not fight unemployment which I was informed yesterday they are fighting it.
Additional information
I just reread my information and I can't believe I submitted it without correcting the many errors in spelling... sorry, I guess the more I wrote the more upset I became and it showed. I have been in the workforce for more than 40 years and have never been terminated nor even had a poor review. Again, sorry for all my errors! Answers (1)Oscar Michelen
This attorney is licensed in New York.
Posted about 1 year ago.
Flag as objectionable
Okay, unless you are under a contract or in a union, you are an at-will employee. In Ohio, employees are presumed to be "at will." At-will employees may be terminated for any reason, so long as it's not illegal. Generally, employees who work under an employment contract can only be terminated for reasons specified in the contract. However, in Ohio, the terms of termination can be changed if the parties' conduct shows a clear intent to impose different conditions.
If you check your emplyee handbook, you will likely see that it tells you taht you are an at will employee. While an employer is not required by law to have an employee handbook, in most cases, it is recommended. In Ohio, employee manuals and handbooks are usually insufficient, by themselves, to create an implied employment contract. However, in certain contexts, customs, company policies, employee handbooks, and oral representations may be used to establish an implied employment contract or an implied term of that contract. The laws regarding an employer's duties and responsibilities arising under an employee handbook are complex, and a licensed attorney should be contacted to review individual circumstances. You also may have a claim if you believe you were fired due to your age or another protected reason (gender, race, religion, etc). And it's illegal for an employer to terminate an employee: For refusing to break a law In retaliation for filing a discrimination or safety claim For taking leave under the Family and Medical Leave Act Without following its own stated procedure or policy For reasons not contained in the employment contract, if one exists With respect to unemployment, unemployment benefits are based on combinations of federal and state statutes. Ohio's unemployment compensation program is administered by the state and provides monetary compensation to workers who have been terminated without cause, through no fault of their own. Employees who voluntarily terminate their employment for "good cause" may also be entitled to benefits. The Ohio Department of Job and Family Services, Bureau of Unemployment Compensation Benefits, administers the Unemployment Compensation Benefits Program. Contact them for more info regarding your rights. You can also find out more about your rights at the link below for the Ohio Bureau of Labor and Wages
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