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Patrick, Esq.
Patrick, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 12467
Experience:  Significant experience in all areas of employment law.
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My son (32) living in Columbus, OH, was given a verbal

Customer Question

My son (32) living in Columbus, OH, was given a verbal warning on job performance (sales) approximately 2 weeks ago, to be followed by a written warning. Today he was told he will be laid off next week and receive an increase in salary of $7,000 and keep his health care until February. Is this legal?
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: Ohio
JA: Is the employment agreement "at will," union, full time or part time?
Customer: Full time, base salary of $40,000 plus comission
JA: Anything else you want the lawyer to know before I connect you?
Customer: No
Submitted: 8 months ago.
Category: Employment Law
Expert:  Patrick, Esq. replied 8 months ago.

Hello and welcome. My name is ***** ***** it will be my pleasure to assist you. Please just give me a moment to review your question....

Expert:  Patrick, Esq. replied 8 months ago.

I am very sorry to hear about these issues with your son's employment. You have not described conduct which appears to be illegal, though, as the general rule is that employment in the state of 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.

If your son is not getting paid for all of his work, or if he believes that he is really being terminated for an illegal reason, such as his race or religion, then he may have a claim. But otherwise, this is a very unforutnate situation but not one for which he would typically have any legal recourse other than applying for unemployment benefits.

I hope that you find this information helpful. 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.

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