Employment Law Court Rulings

Motion to compel arbitration and/or stay proceedings abuse of discretion contractual interpretation de novo review R.C. 2711.02 written arbitration agreement agreement not signed intent to be bound meeting of the minds performance of contract containing arbitration clause. Appellee's performance…

SUMMARY JUDGMENT – NONCOMPETITION AGREEMENT – TRADE SECRETS – R.C. 1333.61: The trial court did not err when it granted summary judgment in favor of defendant employee where the noncompete agreement was unenforceable because it was overly broad in geographic and temporal scope, and the trial court…

wrongful termination, summary judgment, Civ.R. 56, reverse gender discrimination, hostile work environment, intentional infliction of emotional distress

Arbitration motion to stay proceedings FINRA Rule 13200 contract interpretation. Parties disagree whether dispute arising out of contract dissolving Appellee's membership and employment arises out of their business activities making it subject to mandatory arbitration under FINRA Rule 13200. Given…

The trial court correctly granted judgment on the pleadings in favor of appellee-zoning inspector on appellant's complaint for malicious prosecution. Although appellant's minor misdemeanor conviction for advertising and operating a bed and breakfast in an agricultural district was reversed on…

On Requester's objections, the Court determined that the Special Master correctly applied statutory law and case law as they existed at the time of the filing of Requester's Complaint. The Court overruled Requester's objections, adopted the Report and Recommendation, and denied Requester's claim…

The petitioner, who had been convicted of the crimes of felony murder and conspiracy to commit robbery in the first degree, sought a writ of habeas corpus, claiming, inter alia, that his prior trial, habeas, and appellate counsel had provided ineffective assistance. The respondent Commis- sioner of…

The Court of Claims of Ohio did not err in determining Ohio's savings statute, R.C. 2305.19, and Civ.R. 15(C) did not apply to save the plaintiff-appellant's R.C. 4112.02 employment discrimination claims and, as a result, granting summary judgment to defendant-appellee, Miami University, due to the…

sex discrimination, burden shifting, summary judgment, Civ.R. 56(C), pretext, R.C. 4112.02(A), motion to compel, Civ.R. 56(F)

EXPRESS WARRANTY – NEGLIGENCE – FRAUD – ACCEPTANCE – SMALL CLAIMS COURT – AS-IS WARRANTY: The trial court's determination that defendant was negligent in the repair of plaintiff's just-purchased vehicle was not against the manifest weight of the evidence because the vehicle caught fire ten minutes…

The plaintiff law firm sought to recover damages from the defendant for, inter alia, breach of contract in connection with its representation of the defendant. The matter was referred to an attorney fact finder, who filed a report recommending judgment for the plaintiff on the complaint. The trial…

The record contains competent, credible evidence to support the Commission's determination that Barrett voluntarily resigned his employment without just cause. Therefore, the Commission's decision denying Barrett's claim for unemployment benefits is not unlawful, unreasonable, or against the…

The plaintiff sought to recover damages from the defendants for alleged discriminatory conduct. The plaintiff filed a discrimination complaint with the Commission on Human Rights and Opportunities alleging that the defendant town of East Lyme discriminated against him on the basis of national…

Because the parties' written construction contract contained an obvious typographical error regarding the contractor's damages on termination for convenience, the trial court did not err when it reformed the parties' agreement to express the true intentions of the contracting parties. Because the…

R.C. 3319.081 termination of non-teaching employees due process R.C. 2506.03 administrative appeal abuse of discretion stipulation reliable evidence probative evidence preponderance of evidence waiver

CIVIL - Unemployment compensation benefits Ohio Unemployment Compensation Review Commission Review Commission due process request for review notice of reasons for request for review notice of reasons for accepting request for review allowance order no deference afforded to hearing officer's…

Civ.R. 12, subrogation, ERISA, reimbursement, 29 U.S.C. 1132, subject matter jurisdiction, declaratory judgment, frivolous conduct, R.C. 2323.51

Trial court erred in denying appellant's motion to stay trial court proceedings pending arbitration based on its determination that conditions precedent to arbitration had not been proven by appellant. Judgment reversed, cause remanded.

CIVIL – Fair Labor Standards Act 29 C.F.R. 785.22 overtime compensation 24-hour shift sleeping period hours worked at-will employment disclaimer employee handbook express agreement continuing to work and accept pay is not conclusive evidence of implied agreement contemporaneous protest summary…

Opinion - Noncite/Memorandum - Justice Shea, affirmed.

The plaintiff, an off duty East Granby police officer, sought to recover damages for personal injuries that he sustained after being hit by a car while he was on the premises of a shopping mall owned by the defendant B Co. in Manchester. While in the parking lot of the shopping mall, he heard a…

The plaintiff sought to recover damages for personal injuries that she sus- tained when her vehicle was struck by a vehicle driven by the defendant B, an employee of the defendant Department of Administrative Services. The plaintiff alleged that her injuries were the result of B's negligence.…

The plaintiff sought to recover damages from the defendant, her former employer, for alleged discrimination and the creation of a hostile work environment on the basis of her gender in violation of the applicable provision (§ 46a-60) of the Connecticut Fair Employment Practices Act. The plaintiff,…

The trial court did not err by granting appellee's motion for judgment on the pleadings. Appellant's complaint did not establish the elements necessary to support his claim for wrongful discharge in violation of public policy. Judgment affirmed. (Tucker, P.J., concurring.)

BWC did not abuse its discretion in reclassifying OKI as a public employer for purposes of workers' compensation premium rates because OKI did not qualify as a private employer/public service corporation under R.C. 4123.01(B)(1)(b) as it did not provide services directly to the public. BWC did not…

Arbitration agreement motion for order compelling arbitration. The trial court erred where it denied appellants' joint motion to compel arbitration. Appellee's claims, under the terms of the operating agreement, fall within the scope of the arbitration clause.