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Patrick, Esq.
Patrick, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 12635
Experience:  Significant experience in all areas of employment law.
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I was terminated from a large box retail chain after 16 yrs.

Customer Question

I was terminated from a large box retail chain after 16 yrs. I was a salary asm and had completed my SM training in 2014. I had no previous documentation in my file until 12/15 when I received a newly promoted SM. I can not prove why she didn't like me but she didn't. My associates seem to think it was because they liked me better than her. All of the items she has documented me for were for things that either I did with previous manager direction or she has also done. I was terminated July 14th and upon research my position was filled the next day by 4pm and I was told she interviewed this person 2 weeks prior. I'm currently appealing unemployment because my reason for termination isn't consistant throughout my district. I have proof to fight all my documentations except one. I know ohio is an at will state and I can't say it was discrimination but more she couldn't stand that the associates didn't like her and came to me for everything. Do I have any grounds to file legal action for wrongful termination?
Submitted: 2 years ago.
Category: Employment Law
Expert:  Patrick, Esq. replied 2 years ago.
Hello and thank you for entrusting me to assist you. My name is ***** ***** I will do everything I can to answer your question.
I am very sorry that you were let go. However, as you correctly note, employment in Ohio is "at will" absent an express agreement to the contrary. At will employment can be terminated for any reason not amounting to discrimination on the basis of a legally protected trait (race, religion, gender, etc.) or retaliation for engaging in certain forms of legally protected conduct (filing a wage claim, taking FMLA leave, etc.). It doesn't matter whether the basis for termination is fair, reasonable or even TRUE.
Thus, it would not matter that you have proof to fight to issues you were written up for. It also wouldn't matter if you were really terminated because your associates liked you more than your manager. Since your employer doesn't need a reason to let you go, much less a good one, you can be released for the reasons you have described.
The good news is that nothing you described appears to be grounds for denying unemployment benefits, which is judged by the entirely separate standard of whether you were terminated for "misconduct." Thus, you should absolutely pursue your appeal and there is a good chance you will be successful in that regard.
I hope that you find this information helpful and am genuinely sorry if it is not what you were hoping to hear. Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further.
If you do not require any further assistance, please be so kind as to provide a positive rating of my service so that I may receive credit for assisting you. Very best wishes moving forward.