Wrongful Termination Cases

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

No error disposing case because no issue of material fact existed to challenge whether employment was governed by CBA no jurisdiction.

Nonprofit Corporation Act, statutory interpretation, termination of membership

Workers' compensation compensability of injury employer-funded disability payment credit Industrial Commission's authority to amend deputy commissioner's opinion and award issue preservation

The defendant-union, CCRI Educational Support Professional Association/NEARI, appealed to the Supreme Court after a justice of the Superior Court vacated an arbitration award that had reinstated the grievant, Michael Crenshaw, to his position as a Campus Police Officer for the plaintiff, the Community College of Rhode Island. The Supreme Court affirmed, holding that the arbitrator exceeded his powers by deciding a grievance that was not arbitrable. The Supreme Court concluded that Crenshaw was not eligible to become a permanent police officer because he had neither completed the statutorily required police training academy nor received a waiver from having to do so, and thus the arbitrator lacked the authority to reinstate Crenshaw to a position that he could not legally hold

Judgment affirmed. The trial court did not err when it granted summary judgment in favor of appellee. Under Ohio's borrowing statute, R.C. 2305.03, and controlling choice of law principles, Tennessee law applied to appellant's wrongful termination claims. Consequently, appellant's claims were time-barred under that state's statute of limitations.

Last injurious exposure Average weekly wage calculation North Carolina Full Industrial Commission authority to amend an award

Summary judgment/Employer intentional tort/Spoliation of evidence/Property claims

Core Terms: public record court of claims R.C. 2743.75 R.C. 149.43 R.C. 149.011(A) public office functional equivalent person responsible foundation trade secret. Overview: Requester sought a speaker contract entered into by Tri-C Foundation, a non-profit entity incorporated to solicit and receive contributions for a community college. Respondent argued that the foundation was not the functional equivalent of a public office. The special master recommended that the court find the foundation was both the functional equivalent of a public office, and a "person responsible for public records." The special master further recommended that the court find no part of the contract constituted trade secret, and that the court should grant requester's claim for disclosure.

discipline of state employee unacceptable personal conduct tardiness and absences ALJ review of agency decision just cause for discipline.

Employment at-will Defamation

Unemployment compensation just cause to quit failure to pay as promised. UCRC's decision finding no just cause to quit and disallowing employee's unemployment compensation benefits was against the manifest weight of the evidence. Hearing officer's decision improperly found that employee's failure to quit "immediately" and failure to notify anyone other than his immediate supervisor of workplace issues did not amount to just cause to quit. Furthermore, hearing officer improperly concluded that the employer's failure to address the employee's concerns was reasonable just cause to quit, under unemployment compensation law, focuses on the conduct of the employee, not the employer.

Because some evidence in the record supports the commission finding relator is medically capable of engaging in sustained remunerative employment of a sedentary nature and the relevant nonmedical disability factors do not preclude relator from currently engaging in such employment, the fact that the commission incorrectly relied on relator's non-allowed conditions as a basis for denying PTD in a separate portion of the order does not constitute grounds for the granting of a writ of mandamus. Writ denied.

Arbitration award, collective bargaining agreement, police officer, public policy. The arbitration award modifying a police officer's termination to a substantial suspension, without back pay and benefits, drew its essence from the collective bargaining agreement, was not unlawful, arbitrary, or capricious, and is not against public policy.