Legal Question in Employment Law in Ohio
Wrongful Termination
Can I be replaced if I am on Layoff from a certain position? The second and third shift where I worked went down for awhile for lack of work. I was layed off from my Quality Auditor position. When the two shifts started back up running I was never recalled and my position was filled by a temp. Can this be done since technically I was layed off from that position? I had been employed there almost two years. Rumor was that I was not going to be called back because I had a bad attitude. Could this be discrimination? Please reply soon.
1 Answer from Attorneys
Re: Wrongful Termination
Discrimination in employment is unlawful only in limited situations, such as when based on a person�s race, national origin, age, religion, gender, or disability. It is not discriminatory to terminate employment based on a real or perceived �bad attitude� or to terminate employment for no reason at all, and unless the termination conflicts with the terms of an employment contract, a collective bargaining agreement or in some situations, a promise of continued employment, your employer is free to terminate your employment (e.g., did your employer state that you would be called back when business picked up?). If you are a member of a union, you should contact your union representative to determine whether your employer�s decision comports with the union agreement. Additionally, to the extent your layoff occurred as part of a reduction in force/wide-spread or categorical layoff, and you are over forty years old, you should submit an additional post with this information as well as any other details regarding your employer�s layoff practices.