faqs

Frequently asked questions concerning employment discrimination:

I feel that I have been a victim of wrongful termination. Does this mean that I can sue my employer?

    Being terminated wrongfully or unfairly does not necessarily mean that you have been terminated illegally. Although it is referred to as wrongful termination, there still has to be an illegal element to the termination. If your termination is merely unfair or wrongful then your remedy is through the Ohio Department of Jobs and Family Services for unemployment compensation. To pursue your case in court, you need to prove that your termination was prohibited by law. For example, you must show that your termination was the result of discrimination based upon a protected factor such as age, sex, race, national origin, etc.

I believe that I’ve been or will be terminated illegally. What should I do to make the best case for myself?

    Keep a written, daily log of what has happened at your place of employment. Obtain the contact numbers of your coworkers. Assemble documentation supporting your case. Talk to an attorney as soon as possible.

I have just been wrongfully terminated. How should I proceed?

    Consider filing a claim of unemployment compensation with the Ohio Department of Job and Family Services. If you had employer provided health insurance, consider electing continuation coverage of that health insurance under COBRA. Begin looking for another job. It’s unlikely that you will get your job back with your former employer, and you are required to look for another job as part of a wrongful termination or discrimination case.

How do I prove discrimination?

    Showing discriminatory comments by managers or supervisors is the most direct way of proving discrimination. Generally, such comments are rarely heard. You can prove discrimination by showing that you were treated differently than similarly situated co-workers because of your race or other protected factor (in other words, different standards were applied to you rather than others); or by showing that your employer’s reason for terminating you was not a valid reason and a discriminatory bias motivated your employer. In the end, you have to provide enough evidence to show that it was more likely than not that a discriminatory motive was behind your employer’s action against you.

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