How Long Does a Wrongful Termination Lawsuit Take in Ohio?
This is one of the most common questions that Hux Law Firm encounters. Employees who have been wronged in this way are often eager to get justice and to find out the determination of their case. While this is a very normal reaction, it can be hard to give a client an exact time frame for this kind of case.
There are various reasons that this process might be slowed down or might run into difficulties that lead to a lengthy legal process. Due to the nature of large company policy and sometimes owing to the severity or complexity of the case, the process by which a determination is reached can take months — or even years.
What Are Some Actions That Constitute Wrongful Termination?
In the state of Ohio, retaliation is not lawful. Discrimination is also not allowed to be the reason for someone being released from their job. These are some of the common reasons for wrongful termination:
- Race, ethnicity, color
- Sex, gender, orientation
- Pregnancy
- Age
- Filing an HR complaint about harassment based on a protected class
- Cooperating with an investigation of harassment based on a protected class
- Requesting use of FMLA to take time away from work
- Filing an accident report or claim
- Using worker’s compensation benefits
- Reporting regulatory violations
What Are Some Reasons That Wrongful Termination Lawsuits Can Take So Long?
One of the most common reasons that these cases are not easy to wrap up quickly is that many employers are not willing to settle right away. Most employers will want to force the case into arbitration which can become a lengthy process.
There are further complexities that are often in play with these cases, and the reason for the termination as well as the actions that were taken when executing it can all contribute to the amount of investigation needed to judge the case. Employees also need to know that you cannot file a wrongful termination lawsuit every time you are fired. There are specific grounds that must be met to have a case, and employers will try to prove that these factors were not present in order to have the case dismissed.
There are federal laws that prohibit discriminatory treatment of employees in Ohio. Ohio law in many cities and counties does not allow employees to be fired, mistreated, or prevented from getting a job based on their race, color, religion, sex, national origin, disability, age, ancestry, sexual orientation, military status, or veterans’ status. When these actions are taken, employees are allowed to file a discrimination claim.
One of the reasons that these cases can take so long in the state of Ohio, however, is that there are counties and cities that actually have ordinances in place forbidding LGBTQ and other protected groups from being employed in the city, from living in the city, and from the use of public places. When these issues are part of the reason for the discrimination that has occurred at work, the case can become quite complex to figure out due to local Ohio law.
What Can You Do to Make the Process More Efficient?
One of the first things that employees who have experienced wrongful termination must do is file their claim. Per federal law, these claims must be placed with the EEOC within 300 days of your termination. State discrimination cases might have other filing processes. If you believe that your case needs to be filed with the state of Ohio, you will need to file your claim with the state rather than the EEOC. In a lot of cases, you end up filing with the EEOC and the state. Due to the complexity of the process of adjudicating discrimination in the state of Ohio, you might want to seek legal counsel as soon as possible.
Having an expert working hard on your side can make the entire process of filing this kind of claim much easier. Since many of these cases end up going to trial, you will ultimately need to have an attorney to assist you with your case. Having a skilled lawyer working with you from the start of the process can make the process of adjudication more streamlined and less stressful.
Contact Us Today
If you have been wrongfully terminated from your job, you need to reach out to us today! We can help you with your wrongful termination case, and we will do everything in our power to make sure that your case is handled expeditiously. Working with a skilled attorney is critical when seeking justice for your wrongful termination, and the team at Hux Law Firm can guide you from start to finish.