When workplace retaliation takes place, employees are left with many questions. The first many often ask is “who is responsible for what I’m going through?”
Many people may assume the company itself is the only party that is responsible. But Ohio law takes a broader view of who qualifies as an “employer” in a retaliation case. The answer may surprise you and it could have a major impact on your legal options.
Who counts as an “employer” in an Ohio retaliation case?
Ohio law prohibits retaliation, and it recognizes that it rarely comes from a faceless organization. It comes from real people within that organization acting in their roles. These could be:
- The company or organization itself: The business that employs you carries direct legal responsibility for the conduct of those who act on its behalf within the scope of their roles.
- Direct supervisors and managers: A supervisor who demotes you, cuts your hours or creates a hostile work environment after you raise a complaint may personally factor into a retaliation claim under Ohio law.
- HR personnel: Human resources staff who play an active role in carrying out retaliatory actions — such as pushing through an unwarranted termination — may share in that liability.
- Executives and upper management: CEOs, directors and other senior leaders who approve or direct retaliatory conduct do not escape accountability simply because of their title or position.
- Third parties acting on the employer’s behalf: In some situations contractors or agents acting under the employer’s direction may also fall within the scope of who Ohio law considers responsible.
Knowing who can face justice is one piece of the puzzle. Itis just as important to spot what retaliation actually looks like in practice.
What does retaliation look like?
Retaliation does not always come in the form of a termination letter. It can take many shapes depending on who within the organization is driving it. Look out for:
- A direct supervisor may demote you or cut your pay shortly after you file a complaint or take protected leave
- A manager may create a hostile or uncomfortable work environment designed to push you out without a formal termination
- HR personnel may issue unwarranted disciplinary actions that build a paper trail intended to justify letting you go
- An executive may approve your termination following a protected complaint while keeping their own direct involvement at arm’s length
- Ohio courts have shown a willingness to examine the conduct of multiple individuals within an organization when determining where liability falls in a retaliation case
Retaliation can come from one person or from several people at different levels of the same company.
No employee should have to face workplace retaliation alone no matter who is behind it. Getting a glimpse of the full picture of who Ohio law can hold accountable is a critical first step toward protecting your rights at work.