I was discharged from my job and filed for unemployment. They contacted me today and said my former employer admitted I was a good employee and never written up for anything. But that I was not a good fit. When I was let go I was told "I did not fit in". Unemployment says she had no just cause to let me go and they will make their final determination via letter within the next couple of days. Can I accept unemployment and still sue for wrongful termination?
You should accept unemployment. From the brief facts you stated you don't have a legal claim for a lawsuit. Wrongful termination is a little bit confusing because employees who were fired for a wrong/unfair reason think they can take legal action against their employer. Instead, employees must be terminated for a reason that violates the law. Not fitting in or not being a good fit are not unlawful reasons for terminating an employee. Unless, you were discriminated against because of your age, race, disability, religion, pregnancy, color, national origin, etc, or you were a whistleblower or you were retaliated against for doing something like filing for workers' compensation or opposing discrimination, then you likely don't have a legal claim.
Accept the unemployment benefits and find another job. If any of the things I said seem like they are applicable, then you should contact an employment attorney.
Ohio employment attorney www.mcoffmanlegal.com
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