Many employers are not as knowledgeable of unique Ohio employment laws as they are about federal employment laws. This can lead to unpleasant surprises when a lawsuit is filed asserting claims which arise under Ohio law or when the employer attempts to assert rights which do not exist or are limited under Ohio law. This topic will focus exclusively upon employment laws which exist only under Ohio law. For instance, some employers are not subject to the federal wage laws, but are subject to Ohio wage laws. Some employers are exempt from both federal and state wage laws. While employment is generally at-will, there are exceptions for when the discharge violates public policy. State law determines whether a public policy exists and whether it can support an employment lawsuit. While most contracts are enforceable on their terms, some contracts are subject to state laws which may affect their enforceability, such as whether the employer has a sufficient protectable interest to support a non-compete agreement. Finally, there have been recent changes which can increase unemployment insurance liability depending on whether an employer responds to a claim for unemployment insurance.
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