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Can I fire employees for reasons other than poor performance in Ohio? What are the requirements?

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Can I fire employees for reasons other than poor performance in Ohio? What are the requirements?

Yes, employers in Ohio can terminate employees for reasons other than poor performance, as Ohio is an at-will employment state. This means that employers can terminate employees at any time, for any reason, as long as it is not discriminatory or in violation of an employment contract. However, there are certain requirements that employers must follow when terminating employees.

Notice Requirements

Ohio law does not require employers to provide notice to employees prior to termination. However, if an employer has a policy or practice of providing notice to employees prior to termination, they must follow that policy or practice.

Final Paycheck Requirements

Ohio law requires employers to pay employees their final paycheck on the next regular payday following termination. If an employee is terminated for cause, the employer must pay the employee all wages due immediately upon termination.

Unemployment Benefits

If an employee is terminated for reasons other than misconduct, they may be eligible for unemployment benefits. However, if an employee is terminated for misconduct, they may be disqualified from receiving unemployment benefits.

Exceptions

There are certain exceptions to the at-will employment doctrine in Ohio. For example, employers cannot terminate employees for discriminatory reasons, such as race, gender, or age. Additionally, employers cannot terminate employees in retaliation for engaging in protected activities, such as filing a complaint of discrimination or reporting a workplace safety violation.

Layoffs

Employers may also terminate employees due to reasons of economy or lack of work. In such cases, the employer must follow the procedures outlined in OHAC Rule 3335-81-02 [2.1] and OHAC Rule 123:1-41-07 [4.1]. The order of layoff of employees must be based on retention point order, beginning with the employee having the fewest retention points and continuing to the employee with the most retention points. Employees may exercise displacement rights under the provisions of OHAC Rule 123:1-41-11 [4.2] or be laid off. Displacement rights of an employee may only be exercised within the employee’s appointing authority and within the layoff jurisdiction as established in OHAC Rule 123:1-41-11 [4.2].

[2.1][4.1][4.2]

Source(s):
Jurisdiction

Ohio