Shingler v. Provider Services Holdings, L.L.C.
Case Details
- Judge(s)
- Gallagher
- Status — whether other courts must follow this ruling
- Published
- Procedural Posture — the stage the case had reached
- motion for judgment on pleadings granted
Related Laws
No specific laws identified for this ruling.
Claim Types
Outcome
Trial court properly dismissed employee's common-law wrongful discharge claim because adequate statutory remedies existed under Ohio law for reporting nursing practice violations, and the employee failed to satisfy the jeopardy element required for public policy wrongful discharge claims.
Excerpt
Dismissal of complaint motion for judgment on pleadings common-law tort for wrongful discharge in violation of public policy Greeley claim unlicensed practice of nursing R.C. 4723.03 reporting Ohio Board of Nursing retaliatory discharge R.C. 4723.341 R.C. 4113.52 jeopardy adequate statutory remedy. Trial court did not err in dismissing employee's complaint for failure to state a claim for wrongful discharge in violation of public policy where jeopardy element of claim was not satisfied. Adequate statutory remedy existed under R.C. 4723.33 and 4723.341 — incorporating the rights and duties granted "whistleblowing" employees under R.C. 4113.52 — that addresses society's interest in protecting employees who report violations of R.C. Chapter 4723. Employee's failure to comply with the requirements for statutory relief for wrongful discharge did not render statutory remedy inadequate.
What This Ruling Means
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