Employees have rights! However, employers do not always treat their employees properly. Kentucky and Ohio are “at-will” employment states. Meaning, employers can terminate you for almost any reason. Employers do not even have to tell you why they are terminating you.
Even if you are an “at-will ” employee your employer must follow certain Federal and State laws like Title VII of the Civil Rights Act of 1964 designed to protect employees.
At Thompson Legal LLC, we understand the complexities and challenges employees face in the workplace. Wrongful termination and retaliation are serious issues that can have profound consequences on your career and livelihood.
What is Wrongful Termination?
Wrongful termination occurs when an employer unlawfully terminates an employee, violating their rights under state or federal law. The term “wrongful termination” is often misunderstood. Generally, employers can terminate an employee for any non-discriminatory reason. This is sometimes very unfortunate. Even if you have devoted years of your life to a company and you “did not get along with your new manager” an employer can terminate an “at-will” employment relationship for any non-discriminatory reason.
Common examples of wrongful termination include:
- Discrimination: Firing an employee based on their race, gender, age, religion, disability, or other protected characteristics.
- Retaliation: Terminating an employee in retaliation for engaging in protected activities, such as whistleblowing, filing a complaint, or participating in a legal investigation.
- Breach of Employment Contract: Firing an employee in violation of an employment contract or collective bargaining agreement.
- Violation of Public Policy: Dismissing an employee for refusing to engage in illegal activities or exercising their legal rights.
What is Retaliation?
Employers often do not like when employees speak up. However, the employee who speaks up should not be punished. Retaliation occurs when an employer takes adverse action against an employee for engaging in protected activities.
Once an employee makes a good faith complaint about a workplace wrong (such as discrimination or wage violation) he or she might be protected from retaliation. Generally, to win a retaliation claim in Kentucky or Ohio, the employee must show:
- They engaged in a protected activity
- The employer knew that the employee engaged in a protected activity
- The employer retaliated and cause the employee some kind of harm (no promotion or termination)
- There was a connection between the protected activity and the harm to the employee
If you’re experiencing harassment, you should report it to your employer’s HR department or another designated authority according to your company’s policies. You should always report in writing. It is very important that you specifically mention that you are suffering (age, race, gender, religion, national origin, sexual orientation, disability, or other protected class) discrimination when you make the written complaint. The more details you provide the better.
If the harassment continues or is not adequately addressed, you may consider filing a complaint with the Equal Employment Opportunity Commission (EEOC), Kentucky Commission on Human Rights, or Ohio Civil Rights Commission. However, before you file a complaint with an external agency you should discuss this with an experienced employment attorney. Filing an external complaint has pros and cons.
If your employer has acted unlawfully . . . you deserve justice!
How can we help?
If you believe you’ve been the victim of wrongful termination or retaliation, don’t hesitate to reach out to us for a confidential consultation. Your rights matter, and we’re here to fight for you.
Understanding your rights as an employee is crucial in navigating the complexities of wrongful termination and retaliation. With the help of Thompson Legal LLC, you can protect your rights and hold employers accountable for their unlawful actions.
At Thompson Legal, we have experience achieving justice for those employees who have been wronged in Kentucky and Ohio. Call or text us today at 502-366-2121 for a free consultation.