Employment Law Court Rulings

Workers' compensation-Violation of specific safety requirement-Industrial Commission did not abuse it discretion in granting additional award-Record contained evidence supporting commission's finding that specific safety requirement applied, that employer violated it, and that violation was…

The Unemployment Compensation Review Commission did not err.

The trial court did not err in denying appellant's motion for relief from judgment pursuant to Civ.R. 60(B). Appellant's Civ.R. 60(B) motion was not an appropriate mechanism to challenge the trial court's judgment affirming a decision of the Unemployment Compensation Review Commission denying…

The defendant, Eric Neufville, appealed the hearing justice's sentencing determination on a probation violation and the denial of a motion for reconsideration. On appeal, the defendant argued that the hearing justice erred in denying the motion for reconsideration because he should not have found…

Limitations agreement contained in an employment application is enforceable as a contract where it is supported by consideration in the form of the employer's promise to review the prospective employee's application.

State Human Resources Act, NCGS 126-1 et seq Title 25, Subchapters I and J of NC Administrative Code ALJ required findings of fact and conclusions of law just cause to terminate back pay for procedural violation.

Political subdivision immunity employee summary judgment R.C. 2744.03(A)(6) public duty duty traditional tort special relation wanton reckless perverse disregard known risk rape investigation known offender. Trial court's decision to grant summary judgment on the basis of immunity for employees of…

The arbitration agreement between Appellant and Appellees was not procedurally unconscionable. Because both procedural and substantive unconscionability must be established in order to prevent enforcement of an arbitration agreement, Appellant cannot prevail on this claim. However, Appellant is…

Prof.Cond.R. 3.7(a)(3)/disqualification of attorney jury instruction App.R. 9(B)/submission of transcript. It was not error for the trial court to order that appellant's counsel be disqualified where counsel was to be deposed and testify at trial. Appellant failed to provide a complete transcript…

In a consolidated administrative appeal of an employer's liability and contribution rate determination under Ohio unemployment compensation laws, the trial court did not abuse its discretion in permitting an attorney for the Ohio Department of Job & Family Services ("ODJFS") to offer testimony…

Summary judgment statutory immunity R.C. 2744.03(A)(6) exceptions to immunity genuine issue of material fact Section 1983 claim private entity. The trial court properly denied police officer's motion for summary judgment on the state law claims, recognizing that a genuine issue of material fact…