Ohio Department of Rehabilitation and Correction

Civ.R. 56 motion for summary judgment employment discrimination retaliation adverse employment action Family and Medical Leave Act. Defendant was entitled to summary judgment on plaintiff's claim for employment discrimination based on age and disability because plaintiff failed to establish that she suffered an adverse employment action. Defendant was entitled to summary judgment on plaintiff's claim of retaliation as plaintiff failed to state a prima facie claim for retaliation since she could not show a causal connection between any alleged adverse employment action and her FMLA leave. Judgment for defendant.

Common Pleas Court properly affirmed order of Ohio State Personnel Board of Review modifying discipline imposed on employee of Ohio Department of Rehabilitation and Correction.

Relator's request for a writ of mandamus is denied as relator has not established a clear legal right to have her State Employment Relation's Board issue a probable cause finding on her unfair labor practice charge or a clear legal duty on the part of SERB to do so. Writ denied.

Judgment affirmed. ODRC presented reliable, probative, and substantial evidence demonstrating that appellant violated Rule 7 of the performance track of ODRC's standards of employee conduct when she failed to follow a written directive from her superior. Because appellant had previously entered into a last chance agreement with ODRC, wherein she agreed that any violation of the performance track of ODRC's standards of employee conduct would result in her termination from employment, the trial court did not abuse its discretion in affirming SPBR's order affirming ODRC's order removing appellant from her employment with ODRC. The trial court acknowledged that, pursuant to R.C. 124.34(B), SPBR's review was limited to determining whether appellant had violated the last change agreement.

The trial court did not err in affirming the order of the State Personnel Board of Review that modified the Ohio Department of Rehabilitation and Correction's decision to remove appellant from his employment.

Relator was a psychiatrist working for the Ohio Dept. of Rehab. & Correction. He sought a writ of mandamus to compel OPERS Board to grant him membership status and service credit in OPERS. Given the amount of control exercised over relator, he was a part-time employee of OPERS rather than an independent contractor.

Public employment—Removal of employee during probationary period—Mandamus sought to compel Ohio Department of Rehabilitation and Correction to comply with the State Personnel Board of Review's order reinstating relator to her position at the London Correctional Institution with back pay and benefits—Writ denied, when.