Can I Sue for Race Discrimination and Retaliation After Being Fired During My Probationary Period in Ohio?
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Reviewed & verified by A. Jason Velez, Esq.*
Managing Attorney, 1LAW · Last reviewed January 1, 2026
Legal Inquiry
Consumer Legal Issue
I believe I was wrongfully terminated and discriminated against at my workplace because of my race. A supervisor once accused me of smelling like marijuana, even though I do not use it and can pass a drug test. A few months ago, a white coworker whistled at me to get my attention, which felt disrespectful and made me feel like I was being treated like a pet. About a week later, I reported the situation to my supervisor, and a meeting was held with my manager and supervisor, which I recorded. No action was taken on my complaint. Two days after that, I was told I was terminated because I was still within my 90-day probationary period, even though I had never been written up, coached, or disciplined. I feel I was discriminated against and retaliated against for reporting my concerns. believe I was wrongfully terminated and discriminated against in my workplace because of the color of my skin. Previously, a supervisor accused me of smelling like marijuana even though I do not smoke marijuana and can pass a drug test. I felt unfairly targeted and stereotyped. A few months ago, while I was working, a white coworker whistled at me to get my attention. I found this very uncomfortable, disrespectful, and unprofessional, as it made me feel as if I was being treated like a pet. About a week later, I reported the situation to my supervisor. Around the same time, another coworker assumed there was an issue with me when there was not. I am naturally a very quiet person and believe people misinterpreted my facial expressions and behavior. A meeting with my manager and supervisor was held that same day. I have a recording of this meeting. During the meeting, I explained the issues I was experiencing and clearly stated that I felt uncomfortable in the work environment after being whistled at by a white male coworker. No action was taken regarding my complaint. Two days later, I received a call stating that I was terminated because I was still within my 90-day probationary period. Before my termination, I had never been written up, coached, or formally disciplined. I feel that I was discriminated against and retaliated against after reporting my concerns. I have also heard from previous employees that they experienced harassment and unfair treatment because of the color of their skin. I would like this matter fully investigated, including the events leading.
Attorney Answer
What you describe, being accused of things without basis, whistled at in a way that made you uncomfortable, and then terminated days after raising these concerns, is exactly the kind of pattern that discrimination and retaliation laws are built to address, and being in a 90-day probationary period does not remove your legal protections.
Race discrimination in employment is illegal under both federal law (Title VII of the Civil Rights Act of 1964) and Ohio law (Ohio Rev. Code Chapter 4112), regardless of whether you are a new hire, still in a probationary period, or a longtime employee. Probationary status can affect things like internal appeal rights or eligibility for certain benefits, but it does not give an employer permission to discriminate or retaliate.
Retaliation is its own separate claim. You reported your concerns, and were terminated two days later, during your probationary window, with no prior discipline on file. That timing is significant. Ohio and federal law both prohibit firing someone because they made a good-faith complaint about discrimination or harassment, even if the underlying complaint is later found not to be legally provable on its own.
About your recording: Ohio is a one-party consent state for recording conversations (Ohio Rev. Code § 2933.52), meaning it is generally lawful to record a conversation you are personally part of without the other people's permission. That recording of your May 20 meeting is likely usable evidence of what was said and that no action was taken.
Next steps: - File a charge with the U.S. Equal Employment Opportunity Commission (EEOC) or the Ohio Civil Rights Commission. In Ohio, you generally have 300 days from the discriminatory act to file with the EEOC, so do not wait. - Save the recording, any texts or emails about the incidents, your termination notice, and the name of anyone who witnessed the whistling incident or your complaint. - Write down everything you remember about the incident and both meetings that week while it is still fresh, including exact words used. - Be cautious about reaching out to former employees on your own; an attorney can gather witness accounts properly without creating other legal issues.
Because you have specific dates, a recording, and a clear timeline, this is a strong candidate for a real evaluation by an employment attorney, many of whom offer free initial consultations for cases like this. This is general legal information, not legal advice, and a local Ohio employment lawyer can advise on your specific situation.
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Courts & Legal Aid in Ohio
- File or look up a case through the Supreme Court of Ohio, which serves the state.
- Get free civil legal help from Ohio Legal Help.
- Use the LSC — Find Legal Aid to find a local legal-aid office by ZIP code.
- Use the LawHelp.org to browse free legal information and self-help resources.
- Use the ABA Lawyer Referral Directory to get matched with a local attorney through your state bar.
- Visit EEOC — File a Charge to report workplace discrimination or harassment.
- Visit U.S. Department of Labor — Wages to learn about unpaid wages and worker protections.
Frequently Asked Questions
Does being in a 90-day probationary period mean I have no legal protection from discrimination?
No. Anti-discrimination and anti-retaliation laws apply to probationary employees the same as anyone else. Probationary status mainly affects internal company policies, not your legal rights under federal and Ohio law.
Is it legal that I recorded my meeting with my manager without telling them?
In Ohio, it is generally legal to record a conversation you are personally taking part in without telling the other people, since Ohio only requires one party's consent. Keep the recording safe and unaltered in case it becomes evidence.
How long do I have to file a discrimination complaint in Ohio?
You generally have 300 days from the discriminatory act to file a charge with the EEOC in Ohio, and separate deadlines can apply if you file with the Ohio Civil Rights Commission or go directly to court. Talk to an attorney soon to make sure you don't miss any applicable deadline.
