Retaliation Cases

Trial court did not err in granting summary judgment in favor of employer on a former employee's claim that he was terminated, in violation of R.C. 4123.90, in retaliation for filing a workers' compensation claim and complaint where the former employee failed to prove the employer's articulated reasons for terminating him were a mere pretext for the adverse action. Judgment affirmed.

Plaintiff filed a wrongful termination case on the basis of racial discrimination as well as intentional infliction of emotional distress and retaliation against The Ohio State University. Plaintiff failed to file within the two year statute of limitation and the longer federal time period in this case is not applicable. Judgment affirmed.

CIVIL - disability discrimination retaliatory discharge collateral estoppel res judicata grievance process used collective bargaining agreement statutory claims not barred separate not actually or necessarily litigated separate remedies are not jointly exhaustive summary judgment reasonable and nondiscriminatory basis for termination no evidence of pretext no genuine issue of material fact.

CIVIL - summary judgment Civ.R. 56(C) employment discrimination R.C. 4112.02(A) disparate treatment retaliation R.C. 4112.02(I) nondiscriminatory and pretextual reasons for termination

summary judgment, Civ.R. 56, App.R. 16(A)(7), disability discrimination, R.C. 4112.02, workers' compensation, retaliation, R.C. 4123.90

A medical product sales representative brought suit against her former employer, a hospital, claiming retaliation in violation of the Tennessee Human Rights Act. After a bench trial, the trial court judge entered a verdict in favor of the hospital, having concluded that the employee failed to carry her burden of proof. In spite of dismissing the employee's case, the trial court awarded the employee a portion of her attorney's fees as "sanctions" against the hospital for making an allegedly late-filed motion to strike the employee's demand for a jury trial, which the trial court granted. We affirm the trial court's dismissal of the employee's retaliation claim, and we reverse the trial court's order granting the employee attorney's fees.