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At Robert A. Klingler Co., your satisfaction is our priority! See for yourself what our clients have to say about working with us.
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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
What is an Illegal Reason For Termination?
Age
Many “statuses” are protected under the law from discrimination in the workplace. Your age is one of these protected statuses and cannot be used against you as grounds for termination. Ohio's age discrimination laws offer additional protection, and understanding these regulations can be crucial in building a strong wrongful termination case.
Race
Black, white, red, yellow, purple, or blue—it doesn’t matter; if you are fired because of the color of your skin, you have been wronged. You may have a claim for wrongful termination and should contact a qualified wrongful termination lawyer in Cincinnati right away. Legal precedents in Ohio further bolster protections against racial discrimination, meaning your claim can be pursued with a strong legal foundation.
National origin
You cannot be fired because of where you come from. If you believe that your employer fired you because he or she was, for whatever reason, opposed to your place of origin, you may have a wrongful termination claim. Cincinnati's diverse community enhances the importance of protecting employees from such biases.
Pregnancy
Having a baby is a natural event, and you should not be punished for it. If you are eligible for an extended leave under the FMLA, you are legally granted up to twelve weeks of unpaid, job-secured leave when you have a baby. If you have been fired for taking a leave that is rightfully yours, you have been wrongfully terminated due to pregnancy discrimination. Even if your company does not qualify for the Family and Medical Leave Act, or FMLA, you cannot be let go for a reason that relates to your pregnancy. You deserve the comfort of knowing that you will be able to provide for your little one once he or she enters the world. Don't let your employer deprive you of this security; contact a wrongful termination attorney in Cincinnati right away to assess whether you should pursue legal action.
Many large employers in Cincinnati recognize the importance of maintaining compliance with these protections. Understanding local FMLA application specifics and how they interact with Ohio law is vital in safeguarding your rights.
Gender
Gender bias is an unfortunate reality in many workplaces. Whether men or women face discrimination, no employee should suffer professionally due to gender. Exploring precedent cases in Cincinnati reveals the potential outcomes of wrongful termination claims based on gender discrimination, making it pertinent to seek the right legal guidance.
Disability
Having a disability does not undermine your professionalism or competence. Your employer cannot legally terminate your employment on the basis of disability; it is considered disability discrimination. It is also beneficial to learn about accommodations required under federal and Ohio law, as these will contextualize your claim further.
Complaining about being the victim of illegal discrimination
Your employer has a responsibility to keep your workplace free of hostility, and you have a right to report any hostile activity. In other words, if you complained about racial or sexual harassment—or any other kind of discrimination—in your office and then found yourself suddenly fired, you may have been wrongfully terminated for speaking out when you were legally able to do so. You should seek legal help from a qualified wrongful termination attorney in Cincinnati. Leveraging protections afforded under Ohio’s whistleblower laws can strengthen your position against retaliatory actions.
How Do You Prove That Your Employer Had an Illegal Motive?
This is where wrongful termination cases get particularly tricky. How do you prove that your employer had an illegal motive for firing you? Most employers are well aware of what they can and cannot do, and they will go to whatever lengths to make sure that they are covered, should someone point the finger back at them. In other words, an employer will almost never admit to having acted with an illegal motive. This is where it takes a competent wrongful termination lawyer to gather the appropriate evidence and prove that you were, in fact, fired for an illegal reason.
Let’s say, for instance, that you have been working at Fifth Third Bank for several years now. You are by far the oldest person on your team. Recently, your direct manager took a job elsewhere. Your new manager is friendly but has never seemed to take much of a liking to you. One day, you are fired from your job for missing an important meeting—something that you rarely do but couldn’t avoid due to a personal situation. This reason, in and of itself, while not a very fair or strong one, is legal.
However, something just doesn’t seem right to you. When you examine the situation more closely, you remember that many of your colleagues who are on your team have missed important meetings before, without severe punishment. In a situation like this, you may have a wrongful termination claim on the grounds of age discrimination. We would advise this individual to seek legal counsel.
Ohio’s legal framework provides several avenues to establish evidence of discrimination, including requests for documented performance reviews and comparing them against company standards, which could reveal discrepancies that may support your claim.
A Company Must Follow Its Own Policies
It goes without saying that a company is expected to hold to its own policies, just as it expects its employees to do. Let’s say, for instance, that your employer fired you, saying that you had sexually harassed other employees. Most companies’ sexual harassment policy requires the employer to conduct an investigation anytime someone complains of such inappropriate behavior. If your employer fired you without properly investigating the situation first, you may have a claim for wrongful termination.
There are also various public policies that protect you from being fired. For example, you cannot be fired for serving jury duty, for reporting illegal conduct (conduct that doesn’t necessarily affect you personally), or for reporting environmental hazards to the EPA.
If you believe that you have been illegally fired, it is critical that you act quickly. In some cases, there is a time limit, called a statute of limitations, for you to file your claim. Sometimes, the statute of limitations is as short as three months. This means that if you wait to file your claim after the three months are up, the courts may not consider your case at all.
Don’t let this happen to you. Don’t wait until it’s too late. Get the help that you deserve now by calling the dedicated wrongful termination attorneys at Robert A. Klingler Co. in downtown Cincinnati, Ohio. For many years, we have represented Ohio and Kentucky residents through employment disputes. Contact us to see how we can help you.
Wrongful Termination in Cincinnati: Local Court Considerations
When pursuing a wrongful termination claim in Cincinnati, it is imperative to understand how local courts handle such cases. The Hamilton County Court of Common Pleas is typically where employment disputes are heard. Understanding the procedural expectations and history of rulings can give you an advantage in strategizing your legal approach. Having representation from Robert A. Klingler Co. means you'll have advocates who are well-acquainted with these local judicial environments.
Our commitment is to strategically navigate Cincinnati's specific legal complexities, ensuring that our clients' claims are communicated effectively and efficiently in court. By prioritizing a tailored approach and leveraging our comprehensive knowledge of local judicial processes, we strive to achieve the most favorable outcomes for you.
What To Do If You Have Been Wrongfully Discharged
When an employee contacts us after or just before being fired, one of the first questions we ask is whether the termination is based on conduct or characteristics that are protected under the law, such as age, race, national origin, pregnancy, gender, and other statuses that have been protected from the employment-at-will doctrine by Congress and state legislatures.
While the protected classes of persons covered under Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act (ADEA), the ADA Amendments Act of 2008 (ADAAA), and similar state statutes make up a large portion of protected employees, other employees may be protected from discharge or adverse employer actions depending on the circumstances. Various public policies protect employees from wrongful termination in Cincinnati for engaging in certain protected conduct. An employee may not be fired for serving jury duty, for example, or in many other cases where a clear public policy would be threatened if employees could be discharged for engaging in the specific conduct. Retaliatory discharge for reporting a company’s illegal conduct may be prohibited by public policy and by specific whistleblower statutes. Reporting abuse in a nursing home or medical facility, or reporting environmental hazards to the EPA, may give rise to protection for employees.
However, you must be very careful not to assume that the conduct you are considering engaging in, or have already engaged in, is protected under the law. Many employees wrongly assume they cannot be fired for complaining about certain conduct or reporting certain conduct to higher management. The fact is, the conduct protected under the law is rather narrow, and it is not usually obvious to an employee whether or not the specific conduct at issue will be protected by Ohio or federal courts.
In some situations, it is crucial that an employee follow precise reporting requirements in order to protect against being terminated for reporting an employer’s wrongful conduct. For example, if you report certain illegal conduct to a certain government agency, your reporting might be protected, whereas if you report the same conduct to your supervisor or to someone else, you may not be protected; you may even be fired for making such a report. The only way to know for sure and to adequately protect yourself is to contact a knowledgeable lawyer who is well-versed in wrongful termination in Cincinnati about your specific circumstances.
If you believe you may have been wrongfully terminated, you may contact our law firm to discuss your options with an experienced wrongful termination lawyer in Cincinnati. We can tell you if you have been illegally terminated and help you obtain a just resolution of your situation.
Frequently Asked Questions
What Can I Do if My Employer Denies Wrongful Termination?
If your employer denies that wrongful termination took place, it's important to gather as much evidence as possible to support your claim. Begin by documenting conversations, saving emails, and collecting any other pertinent communications that indicate your termination was unfair. You should also seek legal counsel from a trusted wrongful termination attorney to assess the details of your situation. At Robert A. Klingler Co., we offer a comprehensive review of your case to identify the most effective legal options available. Our personalized approach helps you build a robust case that highlights any discrepancies or unlawful conduct by your employer.
How Long Do I Have to File a Wrongful Termination Claim in Cincinnati?
The time limit for filing a wrongful termination claim, known as the statute of limitations, can vary depending on the specific circumstances of your case and the laws applicable to your situation. In Ohio, wrongful termination claims related to discrimination typically must be filed within either 180 days or 300 days, depending on whether they were filed with a state or federal agency. Other claims or public policy violations may have different timeframes. Consulting with a wrongful termination attorney in Cincinnati promptly can help ensure you meet all necessary legal deadlines, maximizing your chances for a successful outcome.
What Should I Expect When Working with a Wrongful Termination Lawyer?
When you engage a wrongful termination lawyer in Cincinnati, you can expect a process that begins with a thorough consultation to understand the specifics of your case. We prioritize open communication, explaining your rights and the potential courses of action available. Our team at Robert A. Klingler Co. provides strategic advice tailored to your unique circumstances, working diligently to build a strong case. Throughout the process, you’ll receive updates and guidance to help navigate the complexities of your case. We ensure representation that is not only knowledgeable about Ohio’s employment law but also committed to your personal and professional welfare. This client-focused approach addresses both immediate concerns and longer-term implications of wrongful termination.
Contact our office at (513) 650-6270 or fill out our contact form to schedule a consultation with our wrongful termination lawyer in Cincinnati today.