Ohio Termination (with Discharge): What you need to know
Ohio is an “employment-at-will” state. This means that either the employer or employee may terminate an employment relationship at any time and for any reason unless a law or contract exists to the contrary. However, a number of state statutes and several court decisions have established important exceptions to employment at will.
Jury duty. It is illegal to retaliate against an employee for receiving and responding to a jury summons or for serving on a jury (OH Rev. Code Sec. 2313.19).
Ohio recognizes several exceptions to the doctrine of at-will employment. In addition to federal limitations, state law prohibits employers from discharging employees for engaging in the following activities:
Political activity. It is unlawful for an employer to use threats, expressed or implied, to influence or attempt to influence an employee's political opinions or activities (OH Rev. Code Sec. 3599.05).
Subpoena. Employers are prohibited from discharging or threatening to discharge an employee because the employee was absent from work pursuant to a subpoena to attend proceedings in a juvenile case. (OH Rev. Code Sec. 2151.211). This law does not protect employees who are summoned to attend juvenile proceedings (Carter v. King Wrecking Co., No. C-090208 (OH App. Ct. 2009)). In this case, an employer discharged an employee who was absent from work to appear in juvenile court in response to a summons. The court held that the employee was not protected by the law. It distinguished between a summons and a subpoena, noting that a summons is generally issued to a party in a case, while a subpoena is issued to a nonparty witness. Also, unlike a subpoena, a person summoned to ...
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Ohio Termination (with Discharge) Resources
Termination (with Discharge) Products
The Termination Process Webinar Recording
BLR Webinar: "The Termination Process: Exit Interviews, Termination Pay, and Post-Termination Steps to Keep You Out of Court""
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