Employment Law Court Rulings

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

In these consolidated matters, the plaintiffs appeal a Superior Court justice's approval of a class action for settlement purposes only. The plaintiffs, all state and municipal employees, alleged that the settlement violated their constitutional rights in denying them their retirement benefits.…

Relator's objections sustained and limited writ of mandamus granted in voluntary abandonment case for partial total disability workers compensation. Social Security Administration administrative law judge previously found Relator disabled as result of industrial injury and unfit for vocational…

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…

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

CONTRACTS - DAMAGES: Where the parties' elevator-maintenance contract clearly and unambiguously provided that defendant would be responsible for paying the difference between plaintiff's regular and overtime billing rates if it requested that plaintiff perform services outside of the contractually…

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

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…

disability discrimination claim Ohio's Civil Rights Act trial court affirmed decision of the Ohio Civil Rights Commission finding discrimination Ohio Adm.Code 4112-5-08(E)(1) employee was otherwise qualified person capable of safely and substantially performing the essential functions employer…

Environmental Review Appeals Commission did not err by granting motion to dismiss appeal for lack of standing where appellant failed to establish that it would suffer injury in fact from issuance of permit-to-install on-site sewage treatment system.

employment at will doctrine - public policy exception - tort

Civ.R. 9(A) requires parties to claim lack of capacity by "specific negative averment," or else the matter is waived immunity R.C. 2744.02(B)(1)(a) police pursuit determination of whether an officer's actions amount to willful, wanton, and reckless misconduct depends on the totality of the…

The trial court did not err in concluding that Appellant, a traveling employee, was on a personal errand at the time of her injury and was not entitled to receive workers' compensation benefits. Affirmed.

The question whether the trial court erred by overruling Appellant's motion to stay the writ of restitution pending objections is moot because the court later did grant a stay. Even if the trial court's reasons for overruling Appellant's objections to the magistrate's decision are erroneous, the…

Out of court statement of a deceased office worker is not hearsay where it was an admission of a party opponent made by a servant of appellee during the course of her employment. Genuine issue of material fact exists whether appellee agreed to remove the drain plugs from appellants' boat where the…

CIVIL - court of common pleas subject matter jurisdiction county employee CBA proportional share of hospitalization premiums unpaid suit for breach of contract State Employee Relations Board R.C. Chapter 4117 outside SERB exclusive jurisdiction court possessed jurisdiction grievance procedure…

Mandamus-Public employment-R.C. 3319.081-Writ sought to compel school district to recognize custodian as "regular nonteaching school employee" with continuing-contract status-Writ denied.

Taxation-Real-property valuation-Significant changes to property between tax-lien date and date of sale-Board of Tax Appeals' determination that sale was not "recent" sale under former R.C. 5713.03 was reasonable and lawful-Board of Tax Appeals erred in reinstating auditor's valuation-Decision…

Risk of loss for fraud by employee statutory authority of reinsurance facility fidelity losses arising out of claims handling standard of review of Commissioner's decision equitable estoppel and defenses pre-hearing discovery, NCGS 58-37-65