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The State of Ohio and the Commonwealth of Kentucky are both
“employment-at-will” states, with some modifications. Once upon a
time, being an “employment-at-will state” meant that you could be
hired (and fired) for any reason, or no reason. Now, there have emerged
significant restrictions on adverse employment actions against individuals.
Here is a VERY BRIEF, nonexhaustive review:
The Americans with Disabilities Act and the state parallel statutes forbid discrimination against “qualified individuals with disabilities”. A “qualified individual” is a person who is able to perform a job, with reasonable (and requested) accomodations. A disability is an impairment that substantially impacts major life acitivities. Title VII of the Civil Rights Act of 1964 and parallel state statutes forbid adverse employment actions based on gender, religion, ethnic origin, and race. Generally, such actions may be initally proven by circumstantial evidence of the status of replacements. Written contracts, as well as promises made by employers (and sometimes handbooks) may be used in “breach of contract” and “promissory estoppel” actions. Finally, various laws proscribe firing persons for
“whistleblowing”, for using worker’s compensation, for going on
jury duty. It may also be illegal to fire someone for reasons that violate a
significant “public policy”, such as consulting with legal counsel.
For more information, call us at
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Legal Notices