Discrimination, Retaliation & Harassment

Please Note: As of October 2018, Andrew Kimble has formed Biller & Kimble, LLC with his partner Andy Biller to continue his employment law practice. For more information, please visit BillerKimble.com.

If you have recently been terminated from your employment under circumstances which you believe were unfair, contact Andrew Kimble to determine if you have a claim for wrongful termination.

Ohio is an “employment at will” state, meaning that your employment can be terminated at any time, for any reason, or for no reason at all.  But this only begins to tell the story.  There are many exceptions to the default rule of “employment at will,” and an employee who is terminated under questionable circumstances may be a victim of wrongful termination for which they can recover damages under the law.

Discrimination

State and federal laws provide protections for employees who have suffered discrimination. Your employer cannot lawfully terminate you or treat you differently because of your age, disability, race, sex, religion, pregnancy, national origin, or membership in another protected group.

In practice, however, your employer will not hand you a letter explaining that you are being terminated because the company does not like women who get pregnant.  They will claim they have a legitimate, non-discriminatory reason for terminating your employment.  It then becomes your responsibility to show that their proposed justification is false or “pretextual,” and the actual reason for your termination was discriminatory.

Harassment

If you are the victim of unwelcome harassment or sexual advances at work, you might have a claim against your employer for creating a hostile work environment. Your employer is responsible for maintaining a safe workplace free from discrimination.  If you are being harassed, you should make a written report of the activity to Human Resources, your supervisor, or through another channel specified by your employer.

In addition, if you are terminated or treated differently for complaining about unwelcome harassment, or for refusing unwelcome advances, you might have a claim for wrongful termination and retaliation.

Retaliation

If you complain to your employer about a violation of your legal rights as an employee, it is unlawful for your employer to retaliate against you. If you believe you have been discriminated against, harassed because of your membership in a “protected class,” or denied lawfully earned wages, you should make a written complaint to human resources, your manager, or through another channel specified by your employer. Your employer cannot lawfully retaliate against you for such a complaint. If they do, you will have a claim for unlawful retaliation.

Whistleblowers

Under state and federal law, you are protected from adverse employment actions taken against you because you disclosed corruption, illegality, or other wrongdoing in the workplace. If you have been retaliated against for reporting unlawful behavior, contact Kimble Law for a free, confidential consultation.

Breach of Contract

Employees who have entered into contracts with their employers for a specified length of time may have claims for wrongful termination if they are terminated before the expiration of the contract.

If you believe you have been discriminated against, harassed, or wrongfully terminated, contact Andrew Kimble today. Depending on the claims and damages available to you, there is only a limited period of time during which you can advance a claim, and immediate action is necessary to preserve your rights.