How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Marsha411JD Your Own Question
Marsha411JD
Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 19780
Experience:  Licensed Attorney with 29 yrs. exp in Employment Law
19127644
Type Your Employment Law Question Here...
Marsha411JD is online now
A new question is answered every 9 seconds

ID Number: 15768604-740 We know that Ohio is a “Right To

Customer Question

ID Number: 15768604-740 We know that Ohio is a “Right To Work” state. The situation is, Employee (#1) who has 6 years with the company, obtaining exceptional yearly reviews, and the only employee to ever get a perfect 100% in one of those reviews, gets
fired. How can this be OK? How it happened was that Employee (#1) was teaching Employee (#2) the procedures and function of the Accounts Receivable Department, as instructed by a Supervisor. After two months of Employee (#2) shadowing Employee (#1), and not
doing very well in learning what she needed, to comprehend for the position. Employee (#1) received a greeting card from Employee (#2) stating how nice Employee (#1) was and has been, and grateful for her efforts. Shortly after this, Employee (#2), goes down
to Human Resource and complains that Employee (#1) was yelling and screaming at her. Therefore, Human Resource’s calls Employee (#1) down and asked her if this was true and did this happen. Employee (#1) denied the accusation and stated that, “that did not
happen”. Everyone in the Company will tell you that Employee (#1) would not raise her voice to anyone Human Resource’s fired Employee (#1) on the spot without any further investigation. Further investigation into the situation would have stopped this whole
thing. This Company I am talking about is a Law Firm, Tucker Ellis. Now you would think that they would have better procedures That HR would follow before destroying someone’s life. What I would like to know is what can be done about this, to reverse it. So
since Ohio is a “Right To Work” state, there is nothing we can do, Correct?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Marsha411JD replied 1 year ago.

Hello,

Thank you for the information and your question. First, just to clarify the law of the issue, you are actually referring to employment "at will" not "right to work." The latter is actually a point of law that has to do with forced union membership in union shops, so is not related to whether or not an employer can terminate an employee for any, or no, reason. Employment "at will," as mentioned is the employer's (and employee's) right to terminate the employment relationship for any, or no, reason and with no notice or warning unless the termination would violate an employment contract (including a written policy) or is motivated by discriminatory bias because of the employee's sex, race, national origin, age (over 40), disability, religion, pregnancy or military service.

Therefore, unless the situation falls into one of the exceptions I mentioned, the employer can be as arbitrary and unfair as they choose when terminating an employee, including the type of situation you mentioned. No requirement exists that they investigate the situation or even have a reason. But again, that assumes the situation doesn't meet one of the exceptions.

All that said, if there is solid evidence (witnesses) that employee #2 made a false statement of fact that they knew was false when they made it, then since it resulted in the termination of employee #1, then #1 could explore filing suit against #2 for defamation of character.

Please feel free to ask follow up questions if you have them. If none, then if you could take a moment to leave a positive rating in the box above, I will receive credit for assisting you today. Thank you

Expert:  Marsha411JD replied 1 year ago.

Hello again,

I wanted to touch base with you and make sure that you did not have any follow up questions for me from the answer I provided to you on the 5th. For some reason, the Experts are not always getting replies or ratings (at the top of the question/answer page you are viewing or in the pop up box for this question), which is how we get credit (paid by the Site) for our work, that the customer thinks have gone through. In your case I received neither. If you are having technical difficulties with reading, replying or rating, please let me know so that I can inform the Site administrator. Please note that Site use works best while using a computer and using either Google Chrome or Firefox.

In any event, it was a pleasure assisting you and I would be glad to attempt to assist you further on this issue, or a new legal issue, if needed. You can bookmark my page at: http://www.justanswer.com/law/expert-marsha411jd/

Thank you.

Related Employment Law Questions