Employment Law Questions? Ask an Employment Lawyer.
Did the employer see this message - how?
Was the message sent through company owned technology?
Is the employee working under a written contract of employment or a union contract?
Does the employer have policies that specify specific reasons for which employees can be fired and are those reasons the only ones they say that can cause an employee to be fired?
Yes it was text message to me by office manger. Was not sent through company tech.
Employee is not under union contract. No specific reasons why employee can be fired.
Employees in Ohio who do not work under a union or written employment contract, are considered employees-at-will. Employees-at-will can normally be fired for "any reason or for no reason at all" (except, of course, due to discrimination or other illegal reasons, such as being a whistleblower or for filing a legal complaint against an employer). Employers also do not normally have to provide a reason for termination for an employee-at-will. (Unemployment issues, however, should be considered). If an employer has not told an employee that they can only be fired for certain reasons or that they will have a job for a specific period of time (either verbally or through an employee manual, etc.) then there are normally no restriction on termination for employees-at-will (other than the discrimination, etc. above reasons). Moreover, if there have been discussions of work issues with an employee, and an employer can have a basis that shows the termination was not illegally done (for example, through discrimination) then that can help prevent legal suits (but nothing is 100% sure).
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