The Henry Law Difference
Your caring and trusted advocate for workplace discrimination
We will work through issues together and develop your case, communicating regularly and openly.
We keep case files in the cloud so that you can access them at any time and stay informed on your case.
MODERN INVESTIGATIVE TECHNIQUES
Eric Henry is a licensed private investigator who is not afraid to search long and hard for the necessary information to build your case.
Every court case is a story, and we will build yours together using leading presentation tools and depictions.
What is wrongful termination?
Anyone who has been wrongfully terminated knows how painful it can be, especially when dealing with the aftermath of being unjustly let go by an employer. There’s missed wages, loss of healthcare and other benefits, and the challenge of trying to find a new job after being terminated. It’s crucial to hire a wrongful termination attorney right away after you’ve been fired, especially in cases of discrimination or retribution for requesting medical leave.
Ohio is an at-will employment state, meaning an employer has the ability to dismiss an employee for any reason (and without warning) as long as the cause is not illegal. Cases can still come about, however, when a person is fired for illegal reasons. There are certain cases that fall under this umbrella, which a skilled wrongful termination attorney will know. An employment attorney can help you navigate being fired illegally, including filing a complaint and starting a lawsuit.
If you think your employer fired you based on disability, gender, national origin, sexual orientation, race, or age, contact The Henry Law Firm today. Other common causes of illegal firing include FMLA violations, pregnancy discrimination, and whistleblower retaliation.
Wrongful Termination Cost
The amount an employee lawsuit can cost companies.
Wrongful Termination Settlement
The average wrongful termination settlement in Ohio.
Wrongfully Terminated Annually
The number of workers who are wrongfully terminated in the United States annually.
Types of wrongful termination
Unfortunately, race discrimination is one of the most common types of wrongful termination lawsuits seen. If you feel you were fired due to your race, an employment attorney can help you seek the justice you deserve. No one should be discriminated against in the workplace or fired due to their race color. Cases of racial injustice can be filed with the Equal Employment Opportunity Commission as a first step. Knowledgeable employment attorneys can help you navigate any legal proceedings that follow this wrongful termination.
Age discrimination is another common case often seen in employment law. Whether someone is treated differently because they’re too young or too old, both are grounds for a lawsuit. Often age favoritism is seen in the workplace even before the firing happens. If you start to notice this happening in your office, make a note of it. It is illegal to treat an employee differently, or fire them, based on their age.
Thankfully, the Age Discrimination in Employment Act protects people over the age of 40 from age-based inequity. It includes every aspect of the employment process, including interviewing, payroll, promotions, benefits, layoffs, and firing. To hold your employer accountable for age injustice, contact an employment lawyer today.
Whistleblower punishment is another unfortunate type of wrongful termination seen. If you were let go after making a report about safety in the workplace, sexual harassment, or OSHA violations, you have the right to file a lawsuit with the help of a lawyer. Any employee who has made a report or spoken up then faced termination should seek legal advice in the next best steps to gain compensation.
Workers' Compensation Claim Retaliation
Similar to whistleblower punishment, worker’s compensation claim reprisal is often seen in wrongful termination cases. If you filed a workers’ comp claim due to injury or another disability that prevented you from doing your job, then were fired for trying to receive benefits, you could have a case on your hands. It is not legal for an employer to fire an employee for seeking benefits.
Hostile Work Environment
Employees have been wrongfully terminated in the past after an incident of sexual harassment at work or other cases of hostile work environments. If you are the victim of harassment at work, then were fired after the fact, you should contact an experienced employment lawyer to help with your case. Sexual harassment is covered under Title VII of the Civil Rights Act of 1964, meaning this type of wrongful termination by employers is illegal.
Wage and Hour Disputes
As an employer, you are legally protected when it comes to wages and hour disputes. If you tried to get what was lawfully yours but were wrongfully terminated because of it, you should contact an attorney right away. Employers who fire an employee over disputes regarding unpaid wages, overtime, or commissions have done so illegally. The Fair Labor Standards Act covers issues surrounding wage and hour disputes.
Breach of Contract
If you have an employment agreement in place, your employer cannot break this contract in order to fire you. Violation of any employment contract regarding firing is grounds for a legal case. In some states, “implied contracts” are also adhered to. These include agreements made in a job offer letter or suggested by an employer’s actions. So, even if a technical breach of contract was made, you can still take legal action.
Ignoring Protected Leave
It’s crucial to know your rights regarding family and medical leave. Whether you need time off for a pregnancy or other reasons, you are allotted a certain number of weeks by law. Employers with more than 50 employees cannot fire someone for taking 12 weeks of leave per year for medical or family reasons. It’s also illegal to fire an employee for taking disability leave under the Americans with Disabilities Act.
Failure to Provide Proper Accommodations
Another aspect of the Americans with Disabilities Act is that it requires employers to provide accommodations for an employee’s disability, as long as it doesn’t create hardship for the business. This public policy is in place to protect those with disabilities. Furthermore, an employer cannot fire you for having a disability and requesting accommodations. If this has happened to you, reach out to a knowledgeable Ohio lawyer right away.