How do I file a wrongful termination suit pro se?

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How do I file a wrongful termination suit pro se?

I requested to leave early and was terminated. Since I’ve been with the company, I’ve never left early, came in late, or missed a day. We’ve had employees do much worse and keep there jobs.

Asked on July 5, 2012 under Employment Labor Law, Ohio

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

From what you describe, you were not wrongfully terminated unless either 1) or 2) below applies; that is because unless one or both of the below apply, you could be termianted at any time, for any reason, without prior warning--even if you otherwise were a model employee, and even for things other employees do or have done without penalty.

1) If there is an employment contract guarantying you employment for a period of time, limiting the grounds for termination, and/or providing for a specific disciplinary process which must be followed, that contract is enforceable and you may not be fired in a way which violates it.

2) If you believe you were treated worse or differently than other employees due to discrimination against a specifically-protected category--the main ones are against race, religion, age over 40, disability, or sex/gender--that may be illegal discrimination.

Apart from the above, your employer could choose to fire  you based on what you write.

If you are determined to file a suit, contact your county court, either in person or onlinie, to find instructions and sample forms.


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