The proper procedure for terminating a Village Administrator was flagrantly ignored.
Approx. 18 months ago I was dismissed from my job as a Village Administrator in Chauncey, OH., for the reason that the new mayor wanted a more "physical" administrator. I lost my leg in a farm accident about 10 years ago, but had served successfully in Administrator job for the previous year and a half. Is it worthwhile to pursue this in court?
1 answer | asked May 24, 2001 12:17 AM [EST] | applies to Ohio
Answers (1)
Time limits apply to all legal claims
I understand you claim your discharge was on account of your disability. I am sorry. That type of discrimination is illegal under federal (ADA, enforced through Title VII) and Ohio (R.C. 4112.02(A)) law. Unfortunately, all legal claims have time limits.
The time limit for Ohio public employees in the classified civil service to appeal a removal is 10 days from service of the order of removal. If no order of removal is served, then the time limit is 30 days from the removal. The appeal goes to the municipal civil service commission, if there is one, or to the State Personnel Board of Review, SPBR, 65 East State St., 12th Floor, Cols. 43215-4213 (614) 466-7046; FAX (614) 466-6539. SPBR has a form, but use of the form is not required (although if you claim to be discharged in violation of the Whistleblower Protection Act, you must so specify in the notice of appeal).
The time limit to appeal the decision of a public body in Ohio is 30 days. R.C. Chapter 2506 applies to such an appeal to Common Pleas Court. This normally requires a lawyer, but you have a right to appeal without an attorney.
The time limit to file a charge with the Ohio Civil Rights Commission for disability discrimination is 6 months. OCRC is at 1111 E. Broad St., Suite 301, Columbus 4320; (614) 466-5928, FAX (614) 644-8776.
The time limit to file a charge of employment discrimination with the federal Equal Employment Opportunity Commission is 300 days from your first notice of the adverse action. EEOC is at 1660 West Second St., Room 850, Cleveland 44113-1454; (216) 522-2001; FAX (216) 522-7395.
If you were in the classified civil service, and you were not given a pre-termination hearing by a public employer, then you have a claim for violation of your due process rights. To win damages, you have to show that the pretermination hearing would have made a difference in the employer's decision to fire you. This is a difficult burden. The time limit for this due process violation claim under 42 U.S.C. 1983 is two years in Ohio. This action generally requires a lawyer.
Ohio also permits direct civil actions against unlawful discrimination, if you did not file a charge with OCRC. The time limit for this direct action under R.C. 4112.99 is 6 years. Unfortunately, this law does not provide for an award of attorney fees. So, you either have to pay your lawyer up front, or you have to have a great case with a lot of damages, and your lawyer has to be interested in a percentage recovery. Unfortunately, the success rate of disability discrimination cases is low. Not many attorneys will take an ADA claim on a contingent basis. I do not know of any attorneys specializing in employment discrimination in Athens County. I expect you will be shopping around in Columbus. Also, I hope your example will prompt others to consult a lawyer in their first week after getting notice of an intended discharge.
posted by Richard Renner | May 24, 2001 06:28 AM [EST]
I understand you claim your discharge was on account of your disability. I am sorry. That type of discrimination is illegal under federal (ADA, enforced through Title VII) and Ohio (R.C. 4112.02(A)) law. Unfortunately, all legal claims have time limits.
The time limit for Ohio public employees in the classified civil service to appeal a removal is 10 days from service of the order of removal. If no order of removal is served, then the time limit is 30 days from the removal. The appeal goes to the municipal civil service commission, if there is one, or to the State Personnel Board of Review, SPBR, 65 East State St., 12th Floor, Cols. 43215-4213 (614) 466-7046; FAX (614) 466-6539. SPBR has a form, but use of the form is not required (although if you claim to be discharged in violation of the Whistleblower Protection Act, you must so specify in the notice of appeal).
The time limit to appeal the decision of a public body in Ohio is 30 days. R.C. Chapter 2506 applies to such an appeal to Common Pleas Court. This normally requires a lawyer, but you have a right to appeal without an attorney.
The time limit to file a charge with the Ohio Civil Rights Commission for disability discrimination is 6 months. OCRC is at 1111 E. Broad St., Suite 301, Columbus 4320; (614) 466-5928, FAX (614) 644-8776.
The time limit to file a charge of employment discrimination with the federal Equal Employment Opportunity Commission is 300 days from your first notice of the adverse action. EEOC is at 1660 West Second St., Room 850, Cleveland 44113-1454; (216) 522-2001; FAX (216) 522-7395.
If you were in the classified civil service, and you were not given a pre-termination hearing by a public employer, then you have a claim for violation of your due process rights. To win damages, you have to show that the pretermination hearing would have made a difference in the employer's decision to fire you. This is a difficult burden. The time limit for this due process violation claim under 42 U.S.C. 1983 is two years in Ohio. This action generally requires a lawyer.
Ohio also permits direct civil actions against unlawful discrimination, if you did not file a charge with OCRC. The time limit for this direct action under R.C. 4112.99 is 6 years. Unfortunately, this law does not provide for an award of attorney fees. So, you either have to pay your lawyer up front, or you have to have a great case with a lot of damages, and your lawyer has to be interested in a percentage recovery. Unfortunately, the success rate of disability discrimination cases is low. Not many attorneys will take an ADA claim on a contingent basis. I do not know of any attorneys specializing in employment discrimination in Athens County. I expect you will be shopping around in Columbus. Also, I hope your example will prompt others to consult a lawyer in their first week after getting notice of an intended discharge.
posted by Richard Renner | May 24, 2001 06:28 AM [EST]
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