Wrongful Termination Cases

summary judgment, R.C. 4113.52, retaliatory discharge

A plaintiff-employee states a valid claim for wrongful discharge in violation of public policy where she claims that she was an at-will employee and was fired for filing a good-faith complaint with her employer and with OSHA concerning COVID-19 hazards and a mice infestation in her workplace. In a disparate treatment sex discrimination case, a defendant-employer fails to satisfy its initial burden for summary judgment to demonstrate the absence of a genuine issue of material fact as to the similarly situated element of the plaintiff-employee's prima facie case where the defendant relies on conclusory assertions that the plaintiff has no evidence to prove that she was treated differently than similarly situated male employees. WITH CONCURRING AND DISSENTING OPINION.

Quo warranto—Mandamus—Appellants failed to challenge court of appeals' judgment dismissing their quo warranto claim on basis of laches and therefore waived that argument—Court of appeals' determination that appellants could not establish entitlement to city-council offices or that appellees were unlawfully holding the positions affirmed—Court of appeals' denial of request for writ of mandamus ordering continued payment of salaries and benefits as moot affirmed.

Trial court did not err denying plea in bar to appellant's suit for wrongful termination in violation of the Virginia Whistleblower Protection Act; recognition by appellee in March 2021 she was not scheduled to work April 2021 was not sufficient to constitute a prohibited retaliatory action by appellant; matter remanded for further proceedings

School psychologists not \employed primarily as a classroom teacher\ are not \teachers\ as defined in N.D.C.C. § 15.1-16-01(5). Hilton v. North Dakota Edu. Ass'n, 2002 ND 209, 655 N.W.2d 60, is overruled to the extent it holds a licensed school district employee who is not an administrator is a teacher irrespective of the employee's assigned teaching duties. A special education teacher is not a \teacher\ within N.D.C.C. ch. 15.1-16 when the teacher is not a school employee. This Court does not hold whether a school district may provide teaching services through independent contractors.