Best Ohio Wrongful Termination Attorney Reply: Can I sue my employer for wrongful termination based on the Unemployment Commission’s finding of no just cause? If I won my unemployment appeal and was told my job was terminated without just cause, can I sue my employer for wrongful termination? Do I have a case against my former job if the Unemployment Commission finds there was no just cause to terminate me?
There’s often a high probability that a client initially comes to our office for legal advice from one of our experienced employment law attorneys because they either applied for unemployment and the request was fought by the employer or they were awarded unemployment because the Unemployment Commission (“UC”) found that they were terminated without just cause. The client without the unemployment benefits is angry and justifiably so. He or she not have any income and is still searching for a new job while appealing the unemployment denial. The employee typically calls to obtain a employment law lawyers and figure out a way to obtain damages from the company for losing their job. The employee who is awarded their unemployment claim feels vindicated for winning their unemployment appeal and decides that the “without just cause” decision means they have a case against the company for wrongful termination. Both clients come to our office for help, but which one actually has a case?
The answer, unfortunately, is just as unclear as the reasons why the client may have been terminated or denied for unemployment in the first place. As you may already know from our previous posts, employment is at-will in the state of Ohio. (Also read: Can My Employer Fire Me With No Notice Or For No Reason? I Need A Lawyer!) At-will employment means an employer in the state of Ohio can fire an employee at anytime for any reason whatsoever. The reason proffered by the employer can be a silly reason like the color of their shoes or dye job (but not color of skin). The only time an employer cannot fire you for the color of your shoes or your hair is if the real reason behind your termination is because based on an employee’s race, gender, national origin, religion, age, military status or disability or engages in protected activity like applying for or taking Family Medical Leave, complaining about the company’s failure to pay overtime, filing a Workers’ Compensation Claim, reporting safety violations, opposing illegal acts, or making other Whistleblower Claims.
So if Diabolical Company, Inc. fires an employee for failure to punch in on time, but it was really Diabolical Company irrational hatred of the employee’s African-American heritage, then it can be held liable in a civil court of law regardless of whether or not the employee obtains his unemployment award.
As for unemployment, the real metric used by UC is whether or not the reason given is a good reason, or what they will call “just cause.” Thus, there is a difference in the standard between “just cause” and “employment at will.” The best bet for figuring out whether you can sue your employer for wrongful termination is to get the advice of an employment law attorney.
If you are searching “I need a lawyer because I have been wrongfully fired or terminated;” or “I have been discriminated against based on my …” race, national origin, gender, age, religion or disability; or even think that you might need an employment lawyer, then it would be best to call the right attorney to schedule a free and confidential consultation at 866-797-6040. Spitz, The Employee’s Law Firm and its attorneys are experienced and dedicated to protecting employees’ rights and solving employment disputes.
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