The Law Office Of

Neal Jacobs

8118 Corporate Way, Suite 110, Mason Ohio 45040

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Whistleblower’s Rights In Ohio

Ohio’s Whistleblower statute (R.C. §4113.52(A)) creates an exception to Ohio’s employment-at-will doctrine—the general concept that an employee can be terminated with or without cause.

whistle blower rightsTo prevail under a Whistleblower claim an employee must allege that he or she has (1) actual knowledge and (2) a reasonable belief that actions under the employers’ control violated a federal or state statute, rule, regulation, or ordinance, and posed a risk of imminent physical harm to persons, or was a hazard to public health or safety, or constituted a felony. In addition to observation of the dangerous act(s) the employee is required to notify his employer or direct supervisor of the alleged illegal and dangerous act or condition first orally, and then in writing.

If the employer does not remediate the illegal and dangerous condition, within a reasonable time period, then the employee is empowered to report this act to the proper authorities. An employer who has been notified of the illegal or dangerous condition is prohibited from retaliating against the reporting employee.

Prohibited forms of retaliation include:

  1. Removing or suspending the employee from employment;
  2. Withholding from the employee salary increases or employee benefits to which the employee is otherwise entitled;
  3. Transferring or reassigning the employee;
  4. Denying the employee a promotion that otherwise would have been received;
  5. Reducing the employee in pay or position.

Where an employer retaliates against the employee for reporting such dangerous conditions, a cause of action arises under the statute.

 

Employment Lawyer

Litigating wrongful termination, employment discrimination, harassment, Family Medical Leave Act, and retaliation claims.

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