To properly terminate an employee in Ohio, employers must follow certain legal steps to avoid any potential legal issues. Here are some key steps that employers should take:
- At-Will Employment: Ohio is an at-will employment state, meaning that employers can terminate an employee at any time, with or without cause, as long as it is not for an illegal reason such as discrimination based on a protected characteristic. However, it is generally recommended that employers have a valid reason for termination, and document the reason for the termination.
- Written Policy: Employment manuals should have a written policy on termination, which should be clear and concise. A well-written termination policy can protect businesses against wrongful termination claims.
- Communication: Employers should communicate with the employee and make sure that the employee understands why they are being terminated. This communication should be done professionally and in a private setting, away from other employees.
- Final Paycheck: Employers must pay the final paycheck within the time period specified in the Ohio Revised Code § 4113.15. If employees have outstanding vacation or PTO time, employers must pay this compensation as well, unless they have a written policy that states otherwise.
- Paperwork: Employers must provide any necessary paperwork, such as a COBRA notice, unemployment compensation paperwork, and severance agreements, if applicable.
- Non-Discrimination: Employers must not discriminate against employees based on any protected characteristic such as race, religion, gender, age, disability, or pregnancy. If an employee believes that they were terminated for a discriminatory reason, they may have legal recourse.
While the above steps are not exhaustive, they provide a general framework for employers to terminate an employee in Ohio. Employers should always consult with legal professionals to ensure that they are complying with all applicable laws and regulations.
By
