Whistleblower Cases

Trial court erred in affirming SPBR decision dismissing employee's appeal under R.C. 124.341 for lack of jurisdiction. SPBR improperly imposed requirements not contained in statute, maintaining that whistleblower protection is not available where supervisor is already aware of violation and where employee is required by employer to report misconduct. SPBR also improperly determined that R.C. 124.341 is inapplicable where violation alleged is attorney misconduct under Ohio Rules of Professional Conduct.

Trial court did not err by affirming SPBR decision that terminated employee was protected by whistleblower statute and that whistleblower activity motivated the termination because trial court could find there was reliable, probative, and substantial evidence to support conclusion that employee had a reasonable, good-faith belief that criminal activity occurred and that superiors may have considered whistleblower activity in deciding to terminate employee.

In this wrongful dismissal case, Sonya Brooks ("Brooks") sued her former employer Roane County and county officials Ron Woody and Gloria Wright ("Defendants"). In a March 9, 2017 order, the Circuit Court for Roane County ("the Trial Court") dismissed Brooks' lawsuit against Defendants with prejudice. The Trial Court reserved taxation of costs for a later date. Brooks filed a notice of appeal on January 10, 2018. Defendants argue that Brooks' appeal was filed untimely. Brooks contends that the March 9, 2017 order was not final and appealable because it reserved the issue of costs. We hold that, in keeping with longstanding Tennessee case law, taxation of costs is incidental and not a factor in determining whether a judgment is final. As Brooks' notice of appeal was not filed timely, we are constrained to dismiss her appeal for lack of jurisdiction.

contested case hearing, Whistleblower Act

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.