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Is it Wrongful Termination to be Fired Over a Single Rule Violation

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  • 09-17-2010, 09:38 AM
    buckeye1450
    Is it Wrongful Termination to be Fired Over a Single Rule Violation
    My question involves labor and employment law for the state of: OH

    I was let go for one violation of company rule. I had been employee at this company for over ten years. I had never been written up or had any verbal warning of any violation in my file. My yearly reviews had always been in the exceeds. The rule that I broke was one that is commonly done at my previous employer and management was aware of. I think I was let go as the manager did not like me personally and was looking for a reason to terminate me. Do I have ground for a wrongful termination suit.
  • 09-17-2010, 10:00 AM
    cbg
    Re: Wrongful Termination
    No, you do not. A wrongful termination does not mean that your termination was unfair. It means that a specific law prohibits the employer from firing you for the reason he did. Nothing in the law prohibits him from terming you because he does not like you; nor does the law say that since he has not termed other people for this particular violation he can't fire you either. For all you know, he's decided that he's tired of people violating it and is making an example of you (which is entirely legal).
  • 09-17-2010, 10:59 AM
    BOR
    Re: Wrongful Termination
    I live in Ohio also and facially you have no wrongful discharge claim under any principle of law Ohio recognizes.

    Sign up for unemployment.

    One time I saw a case in Ohio where a man had been terminated even with 28 or so years of service. He claimed his tenure constituted a CONTRACT where he could not be fired without cause, Ohio case law does not support that.

    If I am remembering the case correctly, he kicked a soda machine when the pop would not come out or such, and was let go.

    Absent law/principle or Contract to the contrary, we in Ohio are employed "at will", meaning when our services are no longer needed, we can be let go, period.
  • 09-17-2010, 11:21 AM
    jk
    Re: Wrongful Termination
    Quote:

    Quoting buckeye1450
    View Post
    My question involves labor and employment law for the state of: OH

    I was let go for one violation of company rule. I had been employee at this company for over ten years. I had never been written up or had any verbal warning of any violation in my file. My yearly reviews had always been in the exceeds. The rule that I broke was one that is commonly done at my previous employer and management was aware of. I think I was let go as the manager did not like me personally and was looking for a reason to terminate me. Do I have ground for a wrongful termination suit.

    as the others have stated, no, you have no claim but what really is odd is that you admit to breaking a company rule. The fact that a previous employer did not act when such a rule was broken would have absolutely no bearing on what this employer can and cannot do.\

    btw: the fact the manager did not like you is actually all he needed to terminate you. There is nothing illegal about terminating people you don't like as long as the reason you do not like them is among the protected classes (race, religion, gender, etc.)
  • 09-17-2010, 02:47 PM
    buckeye1450
    Re: Wrongful Termination
    The rule that I broke goes on at the company that terminated me. Previous employer was meant as the company that recently terminated me. I was already approved for unemployment as my employer could not show prove "just cause". The employer has told my business partners and the other employee I worked with that I was not fired by rather accepted a new job with another company. I also have FMLA due to a medical problem and was harass by HR constantly. Recently before I was terminated a isue had come up regarding some time off.
  • 09-17-2010, 02:55 PM
    cbg
    Re: Wrongful Termination
    You could be the only employee in the history of the world who was fired for this particular violation and it would not make it a wrongful termination, per se.

    Do you believe that you were fired for reasons relating to your FMLA?
  • 09-17-2010, 03:22 PM
    buckeye1450
    Re: Wrongful Termination
    Yes I believe that weigh in their part to terminate me. As I went over the HR representative to her boss regarding two days recently that were related to FMLA. The same person who I went over her head had a decision in the termination.
  • 09-17-2010, 03:34 PM
    jk
    Re: Wrongful Termination
    One thing that I would be cautious of is the fact that to be eligible for UI, you must be ready, willing, and able to accept work. If you are using FMLA leave, there is some point which able doesn't apply.
  • 09-17-2010, 10:37 PM
    cbg
    Re: Wrongful Termination
    If you believe that you were fired because of your use of FMLA leave, you can contact the US DOL for advice.
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