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Discipline and termination

State procedures Are there state-specific laws on the procedures employers must follow with regard to discipline and grievance procedures? None for private sector employers.

At-will or notice At-will status and/or notice period? Unless the parties agree to the contrary, employment at will is presumed. As a recommended best practice, most employers confirm the at-will relationship in writing, applications, offer letters, restrictive covenant agreements, and the employee handbook. There is no Ohio law mandating that a certain notice period be given before terminating an employee.

What restrictions apply to the above? The following are exceptions to Ohio’s at-will doctrine:

  • federal and state laws (e.g., discrimination, National Labor Relations Act, workers’ compensation retaliation, jury duty, wage withholding and wage garnishments and whistleblowing);
  • public policy claims;
  • implied contract claims; and
  • promissory estoppel claims.

Final paychecks Are there state-specific rules on when final paychecks are due after termination?

Section 4113.15 of the Ohio Revised Code requires prompt payment of wages. There are no special rules concerning accelerated payment on the date that employment is terminated. Generally speaking, payment no later than the next regularly scheduled pay date is acceptable.

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