Wrongful Termination Cases

unemployment benefits; discharge; voluntary departure; misconduct; benefit eligibility.

UNREPORTED OPINION DISMISSING CASE: The plaintiff filed his claim for wrongful discharge more than 18 years after April 16, 2007, and as a result his claims are untimely under 28 U.S.C. &167; 2501. Thus, the Court lacks jurisdiction over the plaintiff&039;s claims. The defendant&039;s [17] motion to dismiss is GRANTED, and the case is DISMISSED. The Clerk is DIRECTED to enter judgment. No costs are awarded

JUDGMENT ON THE PLEADINGS — CIV.R.12(C) — COMMON LAW WRONGFUL DISCHARGE — R.C. CH. 4112 — EMPLOYMENT DISCRIMINATION — WORKERS' COMPENSATION RETALIATION — R.C. 4123.90: The trial court erred when it dismissed plaintiff-employee's common-law wrongful-discharge claim in violation of Ohio's public policy against employment discrimination on the basis of a person's disability based on plaintiff-employee's failure to allege facts that would satisfy the statutory definition of an employer because R.C. Ch. 4112's definitional section does not inform the basis of the public policy announced in R.C. 4112.02(A). The trial court erred when it dismissed plaintiff-employee's statutory claim for workers' compensation retaliation under R.C. 4123.90 based on the "coming and going" rule because a workers' compensation retaliation claim does not depend on a workplace injury or successful workers' compensation claim. The trial court erred when it dismissed plaintiff-employee's common-law wrongful-discharge claim in violation of Ohio's public policy against workers' compensation retaliation under R.C. 4123.90, because such claims are available to plaintiffs-employees who were terminated before they filed for workers' compensation and regardless of whether their workers' compensation claims would have been successful.