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Do you think I have a wrongful termination case?

Wrongful termination/breach of contract, would there be a case in this scenario?

  • Recently I was fired from my job for no legitimate reason. I was told by my supervisor that, in his opinion, I had did nothing wrong and really didn't deserve to get fired. He was basically told by our general manager, a guy that had history with some of my family and had something against me personally, that he had to fire me. I know that in Ohio employment is at-will, but I was wondering if there could be loopholes from what was stated in our employee handbook. We really never had a specific employment contract that stated a certain time period, but we were given the company policies and handbook to review in sign when we started work. The parts of the handbook I found relevant were the parts that discussed our 90 trail period and job performance/reasons for termination. We were told when we started and it was outlined in the handbook that both the employer and the employee were going to be given a 90 day evaluation period. Basically described as a period where the employer could evaluate us, decide whether or not we were suitable for the job and make a decision within those 90 days, based on their evaluation, about whether or not we were right for the company or not (for whatever reason). On top of that section, there was also a section related to job performance. It was basically outlined in this section and somewhat in other sections reasons for termination. Basically what would be grounds for termination due to performance misconduct or other reasons for termination. It described things such as alcohol and drug use, violence, harassment, other types of misconduct, DUI, and wrecking company vehicles. Now to my question(s). Given that I was past my 90 days and didn't violate any company policy related to my job performance or otherwise, would I have any type of grounds for a lawsuit based on that scenario (wrongful termination/ breach of contract or implied contract) or would at-will still stand and the handbook not be sufficient enough? Also, if a lawsuit would even be in question, what would I be able to sue for?

  • Answer:

    You may actually have a case, as Ohio is one of the 37 states in the US that recognize an implied contract as an exception to at-will employment. Under the implied contract exception, an employer may not fire an employee when an implied contract is formed between an employer and employee, even though no express, written instrument regarding the employment relationship exists. Proving the terms of an implied contract is often difficult, and the burden of proof will lie with you. Implied employment contracts are most often found when an employer's personnel policies or handbooks indicate that an employee will not be fired except for good cause or specify a process for firing. If the employer fires the employee in violation of an implied employment contract, the employer may be found liable for breach of contract. Since it appears your employer had an employee handbook outlining those policies, they may be in breach. Best advice I can give you is to find an employment attorney and schedule a consulation. Many lawyers offer the first consultation for free. Good luck. Edit: Since I've already gotten a couple thumbs down, here is statement from the Ohio Bar Association website: Ohio has five basic exceptions to the employment-at-will doctrine. 2.) If an employer says or writes something that is not exactly a contract, but the court nonetheless treats it as though it were a contract, then the employment-at-will doctrine will not apply. For example, the court may determine that written assurances in an employee manual make it clear that an employee will not be terminated unless he or she fails to perform satisfactorily or gives some just cause.

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Ohio is an 'at will employment' state. The employer can terminate you for ANY reason, or for NO reason. You have no basis for a lawsuit. However, you are eligible for some unemployment compensation because your job was terminated.

acermill

Ohio is an 'at will employment' state. The employer can terminate you for ANY reason, or for NO reason. You have no basis for a lawsuit. However, you are eligible for some unemployment compensation because your job was terminated.

acermill

You may actually have a case, as Ohio is one of the 37 states in the US that recognize an implied contract as an exception to at-will employment. Under the implied contract exception, an employer may not fire an employee when an implied contract is formed between an employer and employee, even though no express, written instrument regarding the employment relationship exists. Proving the terms of an implied contract is often difficult, and the burden of proof will lie with you. Implied employment contracts are most often found when an employer's personnel policies or handbooks indicate that an employee will not be fired except for good cause or specify a process for firing. If the employer fires the employee in violation of an implied employment contract, the employer may be found liable for breach of contract. Since it appears your employer had an employee handbook outlining those policies, they may be in breach. Best advice I can give you is to find an employment attorney and schedule a consulation. Many lawyers offer the first consultation for free. Good luck. Edit: Since I've already gotten a couple thumbs down, here is statement from the Ohio Bar Association website: Ohio has five basic exceptions to the employment-at-will doctrine. 2.) If an employer says or writes something that is not exactly a contract, but the court nonetheless treats it as though it were a contract, then the employment-at-will doctrine will not apply. For example, the court may determine that written assurances in an employee manual make it clear that an employee will not be terminated unless he or she fails to perform satisfactorily or gives some just cause.

mindcrim...

Of course not. It also has wording that states tht you can leave or be terminated at any time with or without warning. Right? I bet it does. In any case, you said yourself that you had no contract.

Rick B

The 90 day probationary period is for benefit purposes not guaranteed employment, if you know what at will employment is then you should know just as you can quit for any reason such as disliking your bow your boss can fire you for any reason such as not liking you, maybe unfair but not illegal, when it comes to employment there is no such thing as an implied contract as there are far to many variables in the workplace.

lcr000

Yeah most states are at will. Sorry to hear about your job loss. Sounds like a really crappy place to work period. I would file for unemployment. Also, maybe you can post your complaint about the business on complaint board so others can see your opinion and see what kind of business it is. At will employment means they can fire you for any reason or no reason, how could someone allow such a thing to be on the books, if you think about it, a boss could fire you for anything, and you lose your job, your everything, and people vote to have no unions. It is one of the dumbest laws I have ever heard of, if it is so at will for you, why isn't it at will for others? It is like employers can pick a favorite person to hire or keep there, based on the at will process and there is no grounds for their termination. At will often times allows favoritism. It is like it is at will for some people, but not for others, who they select it to be at will for, does not protect the employee whatsoever. It is just a sign of how people in the USA have lost their rights, or basic freedom to defend their stance when it comes to mistreatment, unfairness, you can't even fight it anymore in the terms of jobs, and jobs can do whatever they want, it's immoral and wrong, but so many things are in this country.

ziggy

I believe that in Ohio you might have a case where implied contracts are started when one party (the employer) defines conditions of continued employment (employee handbook). However, it really would depend on how exactly the policy is written. Proving that you were not fired for cause as defined in the handbook/contract is an uphill battle. And if you don't understand the law explicitly, you should consider calling an attorney who is well versed in OH labor law. When you speak with them, have the facts of your situation at hand including any e-mails, policies/procedures and also the names and contact numbers of any employees (specifically managers) who you spoke with about this situation.

jobbend

Yeah most states are at will. Sorry to hear about your job loss. Sounds like a really crappy place to work period. I would file for unemployment. Also, maybe you can post your complaint about the business on complaint board so others can see your opinion and see what kind of business it is. At will employment means they can fire you for any reason or no reason, how could someone allow such a thing to be on the books, if you think about it, a boss could fire you for anything, and you lose your job, your everything, and people vote to have no unions. It is one of the dumbest laws I have ever heard of, if it is so at will for you, why isn't it at will for others? It is like employers can pick a favorite person to hire or keep there, based on the at will process and there is no grounds for their termination. At will often times allows favoritism. It is like it is at will for some people, but not for others, who they select it to be at will for, does not protect the employee whatsoever. It is just a sign of how people in the USA have lost their rights, or basic freedom to defend their stance when it comes to mistreatment, unfairness, you can't even fight it anymore in the terms of jobs, and jobs can do whatever they want, it's immoral and wrong, but so many things are in this country.

ziggy

I believe that in Ohio you might have a case where implied contracts are started when one party (the employer) defines conditions of continued employment (employee handbook). However, it really would depend on how exactly the policy is written. Proving that you were not fired for cause as defined in the handbook/contract is an uphill battle. And if you don't understand the law explicitly, you should consider calling an attorney who is well versed in OH labor law. When you speak with them, have the facts of your situation at hand including any e-mails, policies/procedures and also the names and contact numbers of any employees (specifically managers) who you spoke with about this situation.

jobbend

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