Can I sue for wrongful termination in Ohio?
1. At-Will Default
Ohio follows at-will employment subject to clearly defined exceptions.
2. Public Policy Exception
Greeley v. Miami Valley Maintenance Contractors, 551 N.E.2d 981 (Ohio 1990), recognized a wrongful-discharge-in-violation-of-public-policy (Greeley) tort. Plaintiff must show clarity, jeopardy, causation, and lack of overriding business justification. Painter v. Graley, 639 N.E.2d 51 (Ohio 1994), refined the test.
3. Implied Contract
Mers v. Dispatch Printing Co., 483 N.E.2d 150 (Ohio 1985), recognized implied contracts from handbooks, promotions, longevity, and oral assurances, plus a promissory-estoppel theory.
4. Implied Covenant of Good Faith
Not generally recognized in Ohio at-will employment.
5. Statutory Discrimination Claims
Ohio Civil Rights Act (R.C. Ch. 4112) covers race, sex, age (40+), disability, religion, national origin, ancestry, and military status. The Employment Law Uniformity Act (effective April 2021) shortened SOL from 6 years to 2 years and now requires Ohio Civil Rights Commission (OCRC) filing within 2 years before suit (R.C. 4112.052). EEOC within 300 days.
6. Retaliation Statutes
R.C. 4113.52 — Whistleblower Statute (strict notice requirements: written report to supervisor + 24-hour wait + state agency notice). R.C. 4123.90 — workers' comp retaliation. R.C. 4112.02(I) — discrimination retaliation.
7. WARN Act
No Ohio mini-WARN. Federal WARN applies.
8. Damages
Greeley tort: back pay, compensatory, punitive. R.C. Ch. 4112: back pay, front pay, compensatory, punitive (capped per tort reform R.C. 2315.21), attorney's fees. R.C. 4113.52: reinstatement, back pay, attorney's fees.
9. Statute of Limitations
Ch. 4112: 2 years (post-2021); Greeley tort: 4 years (R.C. 2305.09); R.C. 4123.90 (WC retaliation): 180 days; whistleblower: 180 days.
This is legal information, not legal advice.
- You were fired for filing a workers' compensation claim within 180 days of discharge
- You followed Ohio's strict whistleblower-statute reporting steps and faced retaliation
- You believe a Greeley public-policy claim applies (e.g., refusing to commit a crime)
- R.C. Ch. 4112 (Ohio Civil Rights Act)
- R.C. 4113.52 (Whistleblower)
- R.C. 4123.90 (WC retaliation)
- Greeley v. Miami Valley Maintenance, 551 N.E.2d 981 (Ohio 1990)
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.