Do I have a case for wrongful termination?

Why did your employer reassign you?

Hi Jason:

An employer in Ohio can terminate an employee for refusing a new job assignment, even if the assignment is outside of the employee's knowledge and qualifications, unless the employer is trying to force the employee to quit for an unlawful reason. Therefore, for purposes of answering whether you have a case, answer first why your employer made the reassignment. If it was a dumb but otherwise innocent decision, you probably do not have a case. If it was because you had complained to governmental authorities or because of your gender, race, age or other protected status, you may have a case.

Assuming an unlawful motive, the next question is whether you were justified in turning down the offer. I would need to know more about your situation to give you a specific answer. Generally speaking, however, if your employer wanted to force you out and gave you a "choice" that no reasonable employee in your shoes would accept, the law may treat you the same as an employee whom the employer fired outright.

As far as a statute of limitations, it depends on the nature of the claim that you would bring. An age discrimination claim in Ohio has a very short (as little as six month) statute of limitations. Otherwise, you can bring most other claims anywhere from two to fifteen years after it arose.

Best regards,

Neil Klingshirn

posted by Neil Klingshirn  |  Feb 4, 2002 2:38 PM [EST]