How Long Does a Wrongful Termination Lawsuit Take in Ohio?
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 was absolutely amazing. As an attorney she really took the time to really listen to my concerns. She was honest and kept me informed every step of the way. The outcome was favorable on my behalf and I appreciate her efforts to achieve a good outcome. I would highly recommend her and the Friedmann firm to represent me if ever needed in future.
Working with Rachel Sabo from Friedmann Firm was absolutely amazing! She upholds integrity, honesty and without a doubt fights for what is right! Rachel was extremely transparent and real! Please don’t let wrong be right, Rachel will strive to advocate and put her whole heart in obtaining resolve in your situation! What an absolute blessing, she won my case in less than 1 week💪
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Rachel Friedmann of the Friedman Firm was my attorney for a very recent legal matter. I would highly recommend Rachel based on her legal knowledge, her honest appraisal of the matter and expected outcomes, her open communication and timely responses to my questions and the matter itself, and her steadfastness in dealing with the opposing counsel until a final agreement was reached.
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The Friedmann Firm (specifically Pete Friedmann) represented me through what seemed like a never ending employment discrimination suit. The suit was filed just before Covid shut everything down in 2020. Add to that a former employer who refused to admit fault. In spite of all of that, Pete stood resolute in his representation of me and working for the best outcome for me. We ended up settling prior to trial and I was more than satisfied with the results. Pete was always available to answer questions and reassure me throughout this process. I highly recommend The Friedmann Firm!
Pete Friedmann and his firm are fantastic. He represented me for more than a year going through a suit with a previous employer. He walked me through every step of the process and was always quick to respond to any questions I had. My settlement came in and we parted ways with both sides being pleased with the outcome. I highly recommend the Friedmann firm and wouldn’t hesitate to use them again in the future if the need arose. Thank you, Pete!
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