Retaliation Cases

Retaliation Temporal Proximity Causation Wrongful Termination in Violation of Public Policy Free Speech State Action. In the absence of state action, the free speech protections of the Ohio Constitution do not generally provide a basis for an at-will employee to raise a claim of wrongful termination in violation of public policy against a private employer. An interval of more than three months between an allegedly protected activity and an adverse employment action is generally too long to support an inference of retaliatory causation based only on temporal proximity.

Judgment affirmed. Although the appellant designated only the trial court's final judgment in his notice of appeal, this court could address the trial court's interlocutory rulings because interlocutory orders merge with a court's final judgment. The trial court did not err by denying the appellant's motion to compel, motion for sanctions, motion to strike, or motion in limine. The appellant failed to demonstrate that his employer either waived its ability to rely on, or was prevented from relying on, his criminal background as the grounds for terminating his at-will employment. The trial court did not err by denying appellant's motion for judicial notice or motion for summary judgment. The trial court properly granted appellees summary judgment on appellant's claims of race discrimination, disability discrimination, retaliation, wrongful termination in violation of public policy, unlawful aiding and abetting of discrimination, and defamation.

Collateral estoppel Whistleblower Action

Summary judgment judgment on the pleadings retaliation R.C. 4112.02(I) adverse employment action breach of fiduciary duty wrongful termination in violation of public policy self-serving affidavits notice of appeal. Summary judgment in favor of defendants affirmed where plaintiff-employee failed to establish a materially adverse employment action beyond a mere inconvenience, which is not actionable. Trial court properly granted judgment on the pleadings on plaintiff's claim for breach of fiduciary duty where there was no legal basis on which to bring such a claim for an employment action taken against her by a public-school board. Trial court properly granted judgment on the pleadings on plaintiff's claim for wrongful termination in violation of public policy where plaintiff had an adequate legal remedy for retaliation pursuant to R.C. 4112.02(I).