What are the requirements for terminating an employee in Ohio?
By
In Ohio, the employment relationship is presumed to be at-will, meaning that employers may terminate an employee for any reason or no reason at all, as long as it is not a discriminatory or retaliatory reason. However, there are certain requirements that must be met before an employer can terminate an employee.
Firstly, the employer must ensure that the reason for termination is not discriminatory or retaliatory in nature, i.e. the employee cannot be terminated on the basis of their age, race, sex, religion, national origin, disability, or any other protected characteristic. The employer must also ensure that they are not terminating the employee in retaliation for exercising a protected right, such as filing a complaint of harassment or discrimination.
Secondly, if the employee is covered by an employment contract, the employer must comply with the terms of the contract before terminating the employee. The contract may require that the employer provide notice before termination or that certain procedural steps be followed before terminating the employee.
Thirdly, employers must comply with all applicable federal and state laws relating to termination. For example, employers must ensure compliance with wage/hour laws, COBRA provisions (for employers with 20 or more workers), and ERISA (for employers offering health, pension or other benefit plans).
Finally, employers must ensure that all final wages and benefits owed to the terminated employee are paid in full and promptly after termination, as required by Ohio law.
It is important to note that certain exceptions or limitations may exist in specific situations, such as in cases where the employee is a government employee or is covered by a collective bargaining agreement. In such cases, further legal advice should be sought.
In summary, before terminating an employee in Ohio, an employer must ensure that the reason for termination is not discriminatory or retaliatory, comply with the terms of any applicable employment contract, comply with all applicable laws, and pay any final wages and benefits owed to the employee.
