What is the process for terminating an employee in Ohio and what legal implications should I be aware of as an employer?

In Ohio, an employer can terminate an employee for any reason, except for an unlawful reason such as discrimination based on race, color, religion, sex, national origin, disability, age or genetic information. It is important for employers to understand that the burden of proof is on the employer if the employee files a claim of discrimination.

If an employer decides to terminate an employee, they should follow a few best practices to minimize legal risks. First, they should clearly document the reasons for termination and ensure that those reasons do not relate to a protected characteristic. The employer should also provide the employee with written notice of termination, including the effective date of the termination.

If the employer has an employment contract with the employee, they should review the terms of the contract to ensure that they are complying with any notice requirements or termination provisions. Some contracts may require the employer to provide notice or a specific reason for termination.

An employer should also be aware of potential legal liabilities associated with terminating an employee. These may include wrongful termination claims, unemployment claims, and claims for unpaid wages, benefits or commissions. Employers should ensure that they are complying with all applicable state and federal laws regarding payment of final wages, continuation of benefits, and maintaining employee records.

Employers may also want to consider offering a severance package to an employee in exchange for a release of claims. The employee may agree to waive their legal claims against the employer in exchange for a lump sum payment or other benefits.

In conclusion, the process for terminating an employee in Ohio should include documenting the reasons for termination and ensuring compliance with employment contracts and laws. Employers should also be aware of potential legal liabilities and consider offering a severance package to minimize risks. If an employer is uncertain about the legal implications of terminating an employee, they should consult with an experienced employment law attorney.