Our Clients Ask Us: Employee Termination

Q: As an employer, do I need to have cause to terminate an employee that is at-will?

A: No. You do not need cause to terminate an at-will employee. In Ohio, an employee is considered an “employee-at-will” unless the employee’s relationship with the employer is governed by contract or protected by law.

“At-will” means the employee serves at the will of the employer, and the employer is free to terminate the employee at any time, for any lawful reason, with or without notice. The employer only has a duty to treat the employee lawfully, not fairly.

Likewise, an at-will employee may resign at any time, for any reason, with or without notice.

However, an employer’s ability to terminate an employee can be restricted through a contract. The contract does not necessary need to be a written contract. It can be verbal or even implied from the circumstances of the parties. If there is a dispute regarding termination, it is usually the employee’s burden to prove he or she was not an employee at will or that an enforceable promise has been made regarding employment status.

There are, of course, exceptions to employment-at-will. An employer is precluded from terminating an employee on the basis or race, national origin, gender, religion, disability, age or any other legally protected status. There are also laws that prohibit termination based upon retaliation in certain circumstances, such as an employee who exercises his or her legal right to file for workers’ compensation.

Also an employer may not terminate an employee-at-will in any way that would violate public policy, such as terminating an employee for refusing to break the law, or for having his or her wages garnished for child support payments.

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