Our Firm Puts You First
Testimonials That Speak Volumes
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"Thorough, honest and compassionate."Throughout the entire trial, their leadership, guidance, support, and positive perspective, helped me continue a well won battle.- P.K., Cincinnati, Ohio
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"A positive experience from beginning to end."The amount of research and time put into my case proved to be the reason we came out successful. I not only gained a lawyer but also a friend and contact forever.- C.D., Atlanta, Georgia
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"Extraordinary service."Litigation should be the last resort when trying to resolve differences, but when it became necessary using this firm provided peace of mind during the entire process.- L.D., Cincinnati, Ohio
Illegal Reasons for Termination in Ohio
Several protected statuses make a termination unlawful when they are the actual reason behind the firing. Ohio law and federal law both apply, and in some cases they overlap to give employees claims under multiple theories.
Age Discrimination
Age protections apply to employees 40 and older under both the federal Age Discrimination in Employment Act (ADEA) and Ohio’s age discrimination statutes. You can’t be fired because your employer wants a younger workforce, even if that preference is never stated directly. Age discrimination is one of the more common claims we handle in Cincinnati, and it often requires careful comparison of how similarly situated younger employees were treated.
Race & National Origin Discrimination
Title VII of the Civil Rights Act of 1964 and the Ohio Civil Rights Act both prohibit termination based on race or ethnicity. Racial discrimination covers all races. National origin discrimination separately prohibits firing someone because of where they were born or where they are from. These are distinct legal theories that may each support a claim.
Pregnancy & FMLA
Pregnancy is a protected status. Eligible employees may take up to 12 weeks of unpaid, job-protected leave under the FMLA, and terminating an employee during or because of pregnancy can give rise to both FMLA and pregnancy discrimination claims. Even if your employer doesn’t meet the FMLA threshold, a termination tied to your pregnancy may still be unlawful.
Gender Discrimination
No employee should face professional consequences because of their sex. Courts have increasingly recognized that gender identity and sexual orientation claims fall within sex discrimination under Title VII. If gender discrimination played a role in your termination, the legal framework to challenge it continues to expand.
Disability Discrimination
A qualifying disability can’t be the basis for termination. Under federal and Ohio law, employers also have an obligation to provide reasonable accommodation before resorting to discharge. If your employer skipped that step and terminated you instead, that failure is relevant to the legal analysis of your disability discrimination claim.
Retaliation for Reporting Harassment or Discrimination
If you reported racial, sexual, or other protected-class harassment and were then fired, that sequence may give rise to a retaliation claim, even if the underlying harassment claim isn’t ultimately proven. Whistleblower protections may also apply depending on what you reported and to whom. Retaliation is independently unlawful under Ohio and federal law.
How Do You Prove That Your Employer Had an Illegal Motive?
This is where wrongful termination cases get particularly difficult. Most employers know what the law prohibits and won’t admit to an illegal motive. Instead, they offer a facially neutral reason for the termination, such as performance deficiencies or attendance issues. Our job is to gather the evidence that shows the stated reason was a pretext for something unlawful.
Consider a scenario common in Cincinnati workplaces: an employee in their mid-50s is the oldest member of their team. A new manager takes over and, within months, terminates the employee for missing a meeting, something several younger colleagues have done without consequence. That disparity in treatment, documented through personnel records and comparator evidence, can be the foundation of an age discrimination claim.
Proving pretext involves comparing how the employer treated similarly situated employees outside the protected class, reviewing performance evaluations for inconsistencies, and examining internal communications and witness statements. Ohio courts allow employees to pursue discrimination claims through both direct and circumstantial evidence of employer intent. We have represented clients in age discrimination, disability discrimination, and sexual harassment cases in Cincinnati and surrounding areas, building the evidentiary records needed to support their claims.
When a Company Fails to Follow Its Own Policies
Ohio employers are expected to follow their own written disciplinary and investigation procedures. A company whose sexual harassment policy requires an investigation before termination for alleged misconduct cannot simply skip that step and fire the accused employee. Failure to follow internal policy can support a wrongful termination claim independent of the underlying accusation.
Ohio public policy also protects employees from termination in specific circumstances. You can’t be lawfully fired for serving jury duty, for reporting illegal or criminal conduct to the appropriate government authority, or for reporting environmental hazards to a regulatory agency such as the EPA. Ohio Revised Code Section 4123.90 separately prohibits employers from retaliating against employees for filing or attempting to file a workers’ compensation claim. Retaliatory discharge for whistleblowing may be prohibited by both Ohio whistleblower statutes and general public policy, depending on what was reported and to whom.
One detail matters significantly here: reporting certain conduct to a government agency may trigger legal protection that reporting to a supervisor would not. The reporting channel determines whether protection attaches.
Ohio Filing Deadlines for Wrongful Termination Claims
Time limits are one of the most consequential aspects of a wrongful termination case. Discrimination-based claims must typically be filed with the EEOC or the Ohio Civil Rights Commission (OCRC) before a civil lawsuit can proceed. In Ohio, the deadline to file with the EEOC is 300 days from the discriminatory act. If you are filing only with the OCRC under state law, you have 2 years from the date of the discrimination. Some Ohio public policy wrongful termination claims carry separate statutes of limitations that may be shorter.
Courts won’t hear a claim filed after the applicable limitations period has expired, regardless of how strong the underlying facts are. Waiting also risks losing critical evidence: emails are deleted, personnel files become harder to access, and witness recollections fade. We advise potential clients to seek legal counsel promptly after a termination, not after exhausting other options.
What to Do If You’ve Been Wrongfully Discharged
When an employee contacts us after being fired, one of the first questions we ask is whether the termination was based on a status or conduct protected under the law, such as age, race, national origin, pregnancy, gender, and other statuses that Congress and state legislatures have shielded from the at-will doctrine.
You should be careful not to assume that the conduct you’ve already engaged in, or are considering, is protected under the law. Many employees wrongly assume they can’t be fired for complaining about workplace conduct or reporting it to management. The reality is that legally protected conduct is narrower than most people expect, and it’s rarely obvious whether the specific conduct at issue will be protected by Ohio or federal courts.
In some situations, precise reporting requirements determine whether protection applies at all. Reporting certain illegal conduct to a government agency may be protected; reporting the same conduct to your supervisor may not be, and that distinction can affect both your legal position and your job. The only way to know where you stand is to consult a knowledgeable attorney about your specific circumstances before taking action.
State employment claims in Cincinnati are heard in the Hamilton County Court of Common Pleas. Federal discrimination and retaliation claims proceed in the U.S. District Court for the Southern District of Ohio. Understanding which forum applies and what procedural requirements each court imposes is part of building an effective strategy for your employment dispute. Before reaching out to us, avoid discussing the reasons for your termination with employer representatives and refrain from posting details on social media, as both can affect the strength of your claim.
Why Executive Employees Choose Robert A. Klingler Co., L.P.A.
We have focused on civil litigation for executive and professional employees since 1994. That client focus shapes everything about how we handle a wrongful termination case. An executive facing termination isn’t only dealing with lost wages. Equity, deferred compensation, non-compete exposure, and professional standing in an industry are all in play. General employment firms handle volume; we handle complexity.
Experience & Recognition
Robert A. Klingler Co., L.P.A. has been selected to the Super Lawyers list every year from 2006 through 2026, a recognition based on peer review and independent research. We have obtained favorable results in cases involving disability discrimination, sexual harassment, FMLA violations, and unlawful termination in industries including air transport and trucking. In Dias v. Archdiocese of Cincinnati, a jury returned a verdict awarding $51,000 in lost wages, $20,000 in emotional distress damages, and $100,000 in punitive damages. Results vary by case, but that outcome reflects the kind of thorough, litigated representation we bring when settlement isn’t the right answer.
Selective Intake & Efficient Representation
Our intake is selective by design. Each client works directly with a single attorney rather than being passed through rotating staff, which eliminates duplicated work and keeps billing efficient. Our fees are generally substantially less than large-firm rates. We also offer flexible billing arrangements to align fee structures with each client’s financial circumstances.
Remedies Available in an Ohio Wrongful Termination Claim
A successful wrongful termination claim can result in several forms of relief depending on the legal theory, the evidence, and the employer’s conduct. Ohio courts and federal courts both have authority to award meaningful remedies:
- Back pay: Lost wages from the date of termination through the resolution of the claim
- Front pay: Forward-looking compensation to account for future lost earnings when reinstatement isn’t practical
- Reinstatement: Return to the employee’s former position, though many clients prefer monetary resolution
- Compensatory damages: Financial losses beyond wages, and in discrimination cases, damages for emotional distress
- Punitive damages: Available when the employer’s conduct was particularly egregious or willful
- Attorney fees and costs: Recoverable under certain federal and state statutes in successful claims
The appropriate remedies depend on the specific facts of your case. We assess those facts early in the engagement and advise clients on the realistic range of outcomes before any strategy decisions are made.
Frequently Asked Questions
What Can I Do if My Employer Denies Wrongful Termination?
Document everything you have: emails, performance reviews, written communications, and any records of how similarly situated colleagues were treated. Then contact an attorney. At Robert A. Klingler Co., L.P.A., we conduct a comprehensive review of the facts to identify discrepancies between the stated reason for termination and the employer’s actual conduct. Building that evidentiary record early can strengthen a claim significantly.
How Long Do I Have to File a Wrongful Termination Claim in Cincinnati?
Discrimination-based wrongful termination claims must be filed within 300 days with the EEOC or within 2 years with the Ohio Civil Rights Commission (OCRC) before a civil lawsuit can proceed. Other claims, including public policy violations, may have different and sometimes shorter deadlines. Contact a wrongful termination attorney promptly after your termination so you don’t lose the right to pursue your claim.
What Is Constructive Discharge?
Constructive discharge occurs when an employer creates or allows a work environment so intolerable that a reasonable employee feels compelled to resign. Ohio courts treat a forced resignation under these conditions as a termination for purposes of a wrongful termination claim. To succeed on a constructive discharge theory, the employee must show that the conditions were objectively intolerable and that the employer either created them deliberately or failed to correct them after receiving notice.
What Should I Expect When Working with Your Firm?
The engagement begins with a thorough consultation to understand your specific circumstances. We provide open communication throughout, explaining the applicable law, the strength of your position, and the range of likely outcomes. You’ll receive strategic advice tailored to your situation and regular updates as your case progresses. Our goal is representation that addresses both the immediate dispute and the longer-term professional and financial implications of your termination.
Contact our office at (513) 650-6270 or fill out our contact form to schedule a consultation with our wrongful termination attorney in Cincinnati today.