What are the legal requirements for firing an employee in Ohio?

In Ohio, employment is at-will unless there is a contract, collective bargaining agreement or specific statutory protection. This means that, unless a contract provides otherwise, an employer can terminate an employee for any reason or for no reason at all, as long as it does not violate any state or federal anti-discrimination laws or it does not violate any public policy.

If an employer has a legitimate, nondiscriminatory reason for terminating an employee, then the termination is justified. Therefore, an employer should document any performance-related issues, such as absenteeism or subpar work, before making the decision to terminate an employee. Documentation can include performance evaluations, disciplinary warnings, or any other proof of performance problems.

However, employers should be aware of certain limitations on their ability to terminate employees in Ohio. Under Ohio law, employers cannot terminate employees in violation of the public policy of the state, which prohibits retaliation against employees who make complaints about labor law violations, or report workplace safety concerns. For instance, employers are prohibited from terminating an employee who has filed a workers' compensation claim or who has reported a violation of health and safety regulations.

Employers should also be aware of federal anti-discrimination law, including Title VII of the Civil Rights Act, the Americans with Disabilities Act, and the Age Discrimination in Employment Act. These laws prohibit discrimination in employment related to race, gender, religion, national origin, disability, and age. Employers cannot fire an employee based on any of these protected characteristics.

In summary, the legal requirements for firing an employee in Ohio include having a legitimate, non-discriminatory reason for the termination and not violating any state or federal anti-discrimination laws or public policy. Employers should document performance-related issues before terminating an employee, and should be aware of any applicable state or federal laws or public policy. If an employer is unsure whether their reason for termination is legal, they should consult an attorney for further assistance.