Other federal laws provide additional protections for pregnant employees, older employees, and employees with disabilities.Īdditionally, the Supreme Court held in a recent decision that Employers may not discriminate against LGBTQ people. ![]() Ohio’s Civil Rights Act adds military status and ancestry to the list of protected characteristics. 2000d et seq., prohibits discrimination in employment on the basis of any of the following characteristics: Title Vll of the Civil Rights Act of 1964, 42 U.S.C. Discrimination Based on Protected Classifications If the termination is unlawful, and it can be proven, you may have recourse against your Employer. The most common so-called “wrongful terminations” are due to discrimination, retaliation, and violation of public policy. What Constitutes the Ohio Wrongful Termination Unless you have signed an employment agreement or belong to a union, you are an at-will employee in Ohio. This means that an employee can be fired for no reason, or any reason, even if it’s a bad reason, so long as the reason is not unlawful. Qualified counsel should be sought regarding questions specific to your circumstances and applicable state laws.Like most states, Ohio is an at-will employment state. This information may be subject to regulations and restrictions in your state and should not be considered legal advice. The content provided is accurate as of February 2015 and is subject to change. ![]() There is no guarantee that this information will result in reduced losses, lower premiums, or lower experience modification factors. This article is intended to provide general information and recommendations regarding risk prevention only. Qualified professionals should be sought regarding advice and questions specific to your circumstances. The posts should not be considered legal advice. The opinions and advice given by guest post contributors are not necessarily those of NATSO Inc. Guest post provided by Jerry Leemkuil, Federated Insurance. For more than a century, Federated Insurance Companies has provided peace of mind to business owners through valued insurance protection. Learn more about Federated Insurance. In this situation, while the disciplinary action remains on file as evidence that the employee failed to adhere to company policy by providing proper notification of an excused absence, once he or she did so the employer can note that the write-up was effectively "removed" even though it physically remains in the file (again with an attached document to indicate the "withdrawal"). The latter approach may be desirable if, for example, the employee did not provide proper notice in advance of the absence when he or she should have done so. If the employer wants to maintain a record of the write-up but does not want it to have any impact on the employee or the employment relationship, it can leave the write-up in the employee's personnel file and attach a note to it explaining that it has been effectively (though perhaps not physically) removed. ![]() If the employer seeks to expunge the disciplinary action so that there is no record of it, such that the employee's file appears as though it was never issued, we are not aware of any reason why the employer cannot simply remove it from the file and dispose of it. If this is the first situation of its kind, the employer can determine how to approach the issue but should be cognizant of the precedent being set so that it follows suit in any subsequent similar scenarios. If the employer has determined that it issued a disciplinary action in error, it has discretion to determine whether/how to handle such situation and should adhere to its policy and past practice in this situation. Response : Absent an employment contract, including a collective bargaining agreement, that addresses this issue, there is no federal or state law that governs here. What is the legal way to withdraw a write-up from an employee's file? Question : An employee was written up for calling out sick but the employee had a doctor's note excusing them from work. Today Federated Insurance is sharing one of our “HR Questions of the Month” regarding employment-related practices liability issues. When and How Should You Remove a Disciplinary Write-Up from Personnel Files? / Guest post by contributor Jerry Leemkuil, Federated Insurance
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