Despite our years of experience advising and representing clients in wrongful termination cases all across Ohio, we cannot give a precise answer to one of the most frequently asked questions.
A defendant employer and our client might agree to settle all claims quickly. Alternatively, the company or agency could force the case into arbitration if the employee is subject to an arbitration agreement or insist on a trial. We cannot guarantee any particular outcome and cannot predict how long it will take for your case to be resolved, either by settlement or a verdict at trial.
What you should know if you decide to purse a wrongful termination lawsuit is that simply getting fired when you believe you did not deserve it does not give you grounds for filing a wrongful termination lawsuit. To succeed with a claim, you must produce evidence that your former employer had discriminatory intent for ending your employment or retaliated against you for engaging in protected activity.
Additionally, you must file your legal complaint soon after you lose your job. Missing the statute of limitations may make it impossible to receive compensation or other forms of justice, no matter how badly the employer acted. Read this related article: Can You Sue for Wrongful Termination in Ohio?
Establishing Grounds for a Case
Consulting with an experienced employee rights attorney will help you understand if taking legal action makes sense or if you even have a legal claim. Before contacting a lawyer, though, determine if one or more of the situations described in the next few paragraphs might apply to you.
A number of federal laws and Ohio laws prohibit employers from discriminating against workers on the basis of a person’s race, ethnicity, color, sex, LGBTQ status, religion, age when older than 40, pregnancy, military service, or disability. As a result, managers and supervisors cannot make decisions about who to fire or lay off based on the personal characteristics that are protected by law.
Employers are also prohibited from allowing discrimination to become so frequent and severe that a worker who suffers mistreatment, harassment, or abuse feels compelled to quit their job. The legal term for a situation in which the existence of a hostile work environment convinces a worker to essentially fire themselves is “constructive discharge.” ALWAYS consult with an attorney before resigning from your job due to what you believe is a hostile work environment based on discrimination or sex.
Employers cannot legally fire or otherwise punish workers who report discrimination; report some other illegal, unethical, or unsafe practice; or ask for certain accommodations for a disability. Managers and supervisors violate employees’ rights to engage in what are called protected activities so often that retaliation claims have led all others processed by the Equal Employment Opportunity Commission for many years running.
Protected activities for employees include, but are not limited to,
- Filing an HR complaint over alleged discrimination or sexual harassment,
- Cooperating with an investigation into alleged discrimination or harassment,
- Requesting leave under the Family and Medical Leave Act,
- Asking for an accommodation for a disability,
- Filing an accident report and/or a claim for workers’ compensation benefits,
- Demanding fair pay and overtime pay, and
- Reporting regulatory violations.
Complying with the Statute of Limitations
For all federal claims under Title VII and the ADA, you must file a Charge of Discrimination with the EEOC within 300 days of your termination to preserve your federal claims. The statute of limitations for FMLA claims is two years. The statute for Ohio law claims differ based on the type of claim so please consult with an attorney to determine your statute of limitations. Do not wait or you may risk losing out on potential claims if you do not file by the statute of limitations.
An Ohio employee rights attorney will know which agency or office to contact to file your claim by the deadline.
At The Friedmann Firm, we provide free consultations on potential wrongful termination lawsuits. You can schedule an appointment online or call us at 614.610.9755.
Rachel and Dominick were incredibly helpful throughout the entire process. They got back to me quickly, whenever I had questions, which helped me stay calm during a very stressful time. Rachel was confident in her abilities and knowledge of the labor laws, and she was able to secure a settlement for me. If you ever find yourself in a situation that requires you take action against an employer, I would highly recommend the Friedman Firm. There's no one I would recommend more to be in your corner.
If you are in need of an employment attorney, this is your sign to talk to Rachel and Jamie. Amazing!! They handled my case like the true professionals they are! They stuck to a strategy, even when it seemed like it wasn’t going our way and BAM! We get the outcome we wanted. I couldn’t be happier and I will always return to them if I EVER have an employment issue again. Thank you so much for helping me and my family!
Dedicated! Thorough! Detailed! Professional! Personable! I can keep going with the many qualities Pete and his team have. I highly recommend him!!! You won't be disappointed.
I needed an employment lawyer to work through a non compete. Pete at The Friedmann Firm was listed as one of the three best rated employment lawyers on a local website. I called him in the morning and later that night he was on the case and provided sound council through a very tense negotiation. Don’t take a chance with your career, reach out and get good council. Pete was very responsive every step of the way and delivered positive results. I highly recommend Pete and his Firm!
Rachel was top-notch from start to finish. She was responsible, professional, quick to respond to emails, texts or phone calls. She gives it to you straight, which I prefer! She thinks outside the box and is definitely the dog you want in the fight for you. She does not waste time and immediately dives right in to get the best results she can for you. I would highly recommend Rachel and her firm to anyone who wants to get the job done right, the first time, in a professional, compassionate and decisive manner.
My wife used this firm for a matter she had with her former employer. She could not have been more satisfied with their services. They were timely in responses, courteous, and very thoughtful. This was a difficult process for her and Pete made it so much easier by handling all of the details of her case.
Rachel Sabo of The Friedmann Firm believed in me when no one else did & helped me through every step of my legal process. Very happy with the firm’s professionalism & dedication to my case.
I called them with some questions about my employment and Jamie was very helpful. I didn’t need an attorney to handle a case for me - only to help me navigate an issue I was having at work. She answered my questions and I felt she truly listened to me. I’d recommend this firm to anyone looking for an employment lawyer. Thank you!
Pete resolved issues I was having with my employer in a quick and favorable manner. He is also easy to talk to and understands his clients rights AND needs. You’d do right to call The Friedmann Firm.
I had a terrific experience with Rachel. She handled my case in a very professional manner. She made herself available and always kept me updated. Her knowledge of the law is incredible. She took the time to educate me on the legal processes so I understood what was happening with my case. Thank you Rachel for helping me navigate a most difficult situation. I am so thankful to have had you as my attorney. You have my highest recommendation.