Getting hurt on the job is stressful enough without having to wonder whether your employer can let you go while you are out recovering. This fear sits at the back of many injured Ohio workers’ minds and it is completely understandable.
Ohio law does address this situation directly and the answer is more nuanced than a simple yes or no. Knowing where you stand could make a real difference in how you handle the weeks and months ahead.
What does Ohio law say about firing an employee on workers’ comp?
Ohio follows at-will employment rules which means employers can generally terminate workers for almost any reason, but that freedom has real limits when workers’ comp enters the picture. Keep these points in mind:
- Ohio’s at-will employment rule: Under at-will employment your employer can technically let you go at any time. Terminating someone because they filed a workers’ comp claim crosses a legal line.
- Retaliatory discharge: When an employer fires a worker in response to filing or pursuing a workers’ comp claim that termination may qualify as retaliatory discharge under Ohio law.
- Ohio Revised Code § 4123.90: This statute specifically prohibits employers from punishing employees for filing or pursuing a workers’ compensation claim in Ohio.
- What counts as retaliation: Firing, demoting, cutting hours or creating a hostile work environment shortly after a workers’ comp filing could all point to retaliation depending on the circumstances.
- Proving retaliatory discharge: A strong connection between your workers’ comp filing and your termination is central to building a retaliatory discharge claim in Ohio.
Knowing the law is a solid foundation but taking the right steps after a suspicious termination is just as important.
What injured Ohio workers can do if they suspect retaliation
Acting quickly and carefully after a suspicious termination could strengthen your position. You should:
- Document the timeline of events carefully including when you filed your claim and when the termination happened
- Save any written communications from your employer that may connect your termination to your workers’ comp claim
- Ohio law requires workers to file a retaliatory discharge claim within 180 days of the termination so acting promptly matters
- Workers who successfully prove retaliatory discharge may be eligible for reinstatement, back pay and other remedies under Ohio law
A suspicious termination during a workers’ comp claim deserves a closer look.
Ohio law offers safety nets for injured workers who face retaliation from their employers. Having knowledgeable legal guidance by your side could help you understand whether what happened was a violation of your rights and what you may be able to do about it.