Wrongful Termination Cases

The common pleas court improperly vacated a school board's decision to terminate a teacher's contract because it applied the wrong standard for "good and just cause" in an R.C. 3319.16 termination proceeding, failed to give deference to the referee's credibility determinations, and impermissibly substituted its judgment for the school board's judgment.

Torts—Wrongful discharge—Neither R.C. 124.27(B) nor R.C. 124.56 expresses a clear public policy that would provide basis for a claim under Greeley v. Miami Valley Maintenance Contrs., Inc., by civil-service employees terminated during their probationary period—Court of appeals' judgment reversed and Court of Claims' order dismissing former employee's complaint reinstated.

A lieutenant with the Memphis Fire Department was terminated after a positive drug test. Although this termination was upheld by the Civil Service Commission, the Shelby County Chancery Court later reversed the termination and ordered that the lieutenant be reinstated to his previous employment. For the reasons stated herein, we reverse.

After the dismissal of his federal action, plaintiff filed a state court action alleging a violation of the Public Employee Political Freedom Act. The defendant city thereafter filed a motion to dismiss, arguing that because plaintiff's action was against a state entity, plaintiff could not rely on the saving statute, Tennessee Code Annotated section 28-1-115. The trial court denied the motion to dismiss but granted an interlocutory appeal. We granted the application for interlocutory appeal and now reverse the decision of the trial court.