Before knowing whether you have legal options after getting fired for what you consider unfair reasons, you must understand what constitutes a wrongful termination.
What Can I Do After an Unfair Dismissal?
If you were fired in northeastern Ohio for an illegal reason, you can do four things that will help you hold your former employer accountable for a violation of your right to keep a job you were doing well. First you should leave without causing a scene. Calmly demand a letter stating the reason you got fired and gather as much evidence as you can to make your case for being fired unfairly. At some point, contact an unfair dismissal attorney in Cleveland.
Keep reading to learn why taking each of these steps is essential.
What Makes Dismissals Unfair When It Comes to Employment Law?
Under laws like Title VII of the Civil Rights Act of 1964 and the Ohio Civil Rights Act of 1959, no employer can fire a worker for a discriminatory reason. These and similar laws that protect employee rights prohibit discrimination on the basis of race, national origin, sex, gender, age, religion, pregnancy or military service.
Laws also make it illegal for employers to fire workers who report or participate in investigations into alleged discrimination, unequal pay practices, failure to pay minimum wages and earned overtime, safety violations, or sexual harassment and assault. Demoting and mistreating a worker until he or she decides to quit is against the law as well.
Firings for discriminatory or retaliatory reasons are called wrongful terminations. Forcing someone to quit to protect him or herself can also be deemed constructive discharge, depending on the circumstances. All three are against the law and give an affected worker grounds for filing a complaint with the Equal Employment Opportunity Commission and to file a civil lawsuit. Read this related article: Can You Sue for Wrongful Termination in Ohio?
Do Not Burn Bridges
Keeping your cool when unfair treatment culminates in an unfair firing can be tough, but resisting the urge to speak your mind — or worse — can benefit you in the long run.
To defend itself against a wrongful termination or constructive discharge claim, an employer must state a legally valid reason for ending the person’s employment. Hurling insults, damaging equipment, and threatening to sue on your way out the door will give your former employer evidence that you displayed a bad attitude or posed a threat to co-workers.
Document as Much Discrimination or Retaliation as You Can
If your employer does not provide one up front, you have the right to calmly request a written explanation for why you got fired. Such a letter will serve as a key piece of evidence in any formal wrongful termination complaint because the employer will need to substantiate its stated reason for the firing. Keep in mind, however, that the employer does not have to provide a written reason why you were terminated. You have no legal right to this.
You should also substantiate your own claims of discrimination or retaliation by saving emails, writing notes about personal conversation and abusive comments, and asking supportive co-workers to provide statements or testify on your behalf. The best time to start pulling together such evidence is before you lose your job, so meeting with a Cleveland, Ohio, unfair dismissal lawyer as soon as you suspect that you might be terminated can help you understand how to document mistreatment.
Consult With an Employment Lawyer
Before or after a firing, seeking advice from an unfair dismissal attorney in Cleveland will clarify your rights and give you an ally in proving that your former employer should not have forced you out of your job. In addition to making it clear that a business broke the law, succeeding with a wrongful termination or constructive discharge claim can result in the payment of back wages with interest, other monetary and punitive damages, and, if the worker requests it, reinstatement to his or her former job.
You can schedule a free and confidential with an employment attorney by calling The Friedmann Firm at 440.703.8550 or connecting with us online.
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.