FAQ's

If you have been terminated, should you apply for unemployment benefits?

Whether you have been laid off or terminated, you should apply for unemployment compensation benefits.  In the majority of cases, even if you are terminated, you are eligible for unemployment compensation benefits.  You should apply for the benefits, and if they are denied, go through the appeal process up until the time you have to request a hearing.  At that time it is necessary for you to contact an attorney.  It is advisable to have an attorney with you at the unemployment hearing.  You should also obtain, in advance of the hearing, a copy of your entire claim file.  That file will include your appeals to the denial as well as the employer’s response and any other necessary documents.  You may also subpoena witnesses to testify in your behalf at the unemployment hearing.

If you are off on sick leave, can you be terminated?

It depends.  If you are employed by an employer who has more than 50 employees, and have worked for that employer for more than a year, or 1,250 hours prior to your being sick, and are off for reasons in which you need to care for yourself or a close family member, you may not be terminated if you are off for no longer than 90 days.  The Family Medical Leave Act (FMLA) protects you from being terminated from your employment if you meet those conditions. 

If you are off on Worker’s Compensation, can you be terminated because you are off work for more than 90 days?

No.  The Ohio Supreme Court recently determined that the Public Policy behind the Worker’s Compensation statutes prevents an employee from being terminated while off on Worker’s Compensation regardless of the length of time off.  However, the statute and the Public Policy do not provide for any pay or benefits while you are off on Worker’s Compensation other than those normally related to your Worker’s Compensation claim. 

If your employer terminates your employment, are you entitled to severance?

The general answer to that question is “No”, however, if the company has a policy or procedure that offers severance for employees under non-voluntary reductions in force, you may be entitled to severance.

Does the employer have to give a reason for terminating your employment?

No.  In Ohio you are an employee-at-will.  Under the employment-at-will doctrine, an employee may be terminated for any reason or for no reason at all as long as the underlining reason behind the termination is not a violation of any of the state or federal employment laws. 

If your employer gives you the option to resign or be fired, what should you do?

You should not resign unless, as part of your resignation your employer will not contest your application for unemployment benefits.  If you resign your position, you are not entitled to unemployment benefits, however, if you are terminated. In most instances, you will receive unemployment compensation benefits. 

If you believe you have been discriminated against on the basis of race, sex, religion, etc., what should you do?

First, review your employee handbook and speak with someone in personnel, and then file a complaint  with the appropriate person in your company based upon the behavior that you believe to be discriminatory.  Once you have done that, you may then file a discrimination complaint with the Ohio Civil Rights Commission alleging the discrimination, or you may see an attorney prior to going to the Ohio Civil Rights Commission.  The time limit to file your complaint with the Ohio Civil Rights Commission is 180 days from the last discriminatory act.  It is necessary to file your complaint with the Ohio Civil Rights Commission before you are able to file suit in federal court under the federal discrimination laws. 

If you or someone you care about has experienced any kind of unfavorable treatment in the workplace, contact The Law Office of Elaine S. Bernstein toll free at 866-653-4667 or email us using the contact form in the left-hand column. Protect your rights under Ohio Employment Law, contact us today!