Forbes v. Showmann, Inc.

Excerpt

CONTRACTS – CONVERSION – R.C. 4113.15: The trial court properly entered summary judgment in favor of defendant employer on plaintiff former employee's breach-of-contract claim, because no contract was created due to a lack of consideration where the employer had gifted a raffle ticket to the former employee while she was still in its employ to enter an employer-sponsored raffle for a cruise package, which she won. The trial court properly entered summary judgment in favor of defendant employer on plaintiff former employee's claim alleging a violation of Ohio's Prompt Pay Act where the prize associated with the former employee's winning raffle ticket did not meet the definition of a "fringe benefit" as set forth in R.C. 4113.15(D). The trial court erred in entering summary judgment in favor of defendant employer on plaintiff former employee's conversion claim on the basis that the former employee did not have a right to possess the prize attached to the winning raffle ticket because she had not fulfilled the condition that she still be employed by the employer when she took the cruise, which the employer alleged was attached to the gift of the raffle ticket for the cruise package, because there remained a genuine issue of material fact as to what conditions, if any, were attached to the gift of the raffle ticket.