Employment Law Court Rulings

Divorce final decree business valuation fair market value of business expert witnesses manifest weight spousal support tax responsibility. Affirmed. Plaintiff-appellant Adriana Granada appeals her final divorce decree, arguing that the trial court erred in its valuation of the family business and…

Workers' compensation—Total-temporary-disability compensation—R.C. 4123.511(K) requires Bureau of Workers' Compensation to recoup overpayment of total-temporary-disability compensation paid to an injured worker between time injured worker reached maximum medical improvement and date of termination…

POLITICAL SUBDIVSION IMMUMITY - APPELLATE REVIEW/CIVIL - DEFAMATION – POLITCAL SUBDIVISION EMPLOYEE IMMUNITY: The trial court erred by denying defendant political subdivision's motion for summary judgment on the basis that it was immune from liability where there remained no genuine issue of…

ADMINISTRATIVE APPEAL - Ohio Civil Rights Commission final order finding of discrimination R.C. 4112.02(H) subject matter jurisdiction affirmatively plead jurisdictional facts notice pleading particularity charge of discrimination conciliation probate cause uncontested facts \no animals\ rule…

The plaintiff sought to recover damages from the defendant for the allegedly wrongful termination of his employment, in violation of public policy and the statute ((Rev. to 2015) § 31-51q) prohibiting an employer from retaliating against an employee for exercising constitutionally protected speech.…

Summary judgment on employer intentional tort press crushed hand

Motion to dismiss Civ.R. 12(B)(1) subject matter jurisdiction de novo review State Employment Relations Board exclusive jurisdiction R.C. Chapter 4117 collective bargaining agreement final and binding arbitration exclusive remedy claims arising from or depending on collective bargaining agreement…

Ohio Civil Rights Commission discrimination disability R.C. 4112.06 R.C. 4112.05 Americans with Disabilities Act, App.R. 12 App.R. 16 abuse of discretion OCRC record pre-complaint investigation no probable cause finding. Pro se appellant filed a complaint with the Ohio Civil Rights Commission…

In a hostile-work environment, sexual harassment case the trial court did not err in granting summary judgment where the school board took timely, corrective action to prevent the harassment, had no constructive knowledge that the individual was a habitual harasser, and where a reasonable person…

Administrative appeal principal terminated from employment

CIV.R. 60(B) The trial court abused its discretion in granting defendant's motion for relief from judgment under Civ.R. 60(B) where the trial court failed to make a factual determination as to the alleged grounds for relief from judgment under Civ.R. 60(B)(1) through (5), and where the record…

The Industrial Commission erred in its determination of Cogan's pre-injury visual baseline, and we grant a limited writ of mandamus remanding the matter to the commission to exercise the discretion afforded to it to determine the appropriate pre-injury visual baseline and use that updated…

Summary judgment notice pleading Civ.R. 8(A) negligence open-and-obvious doctrine nuisance comparative negligence. The trial court erred by granting summary judgment in this negligence and qualified-nuisance case. Plaintiff tripped over a board that was keeping a door from shutting at the YMCA. The…

While this Court defers to a tribe on its membership determinations, without consistent and clear factual findings supporting the application of ICWA and North Dakota heightened review for Indian families, this Court is unable to determine the father's issues on appeal. The Court retains…

Chapter 4117, collective bargaining, subject matter jurisdiction, SERB

CIVIL - Motion to Dismiss Civ.R. 12(B)(6) Civ.R. 12(B)(1) R.C. Chapter 4117 R.C. 4117.03 grievance procedure jurisdiction of the Court State Employment Relations Board has exclusive jurisdiction to resolve unfair labor practices claims brought under 42 U.S.C. 1983 do not fall under exclusive…

The plaintiff sought, inter alia, a declaratory judgment from the trial court determining the manner in which the plaintiff's buy out of the defendant's interest in certain parcels of real property pursuant to their settlement agreement was to be calculated. The settlement agreement provided that…

The plaintiff taxpayers, J and B, appealed to the trial court from the decision of the defendant Commissioner of Revenue Services disallowing in part their claims for certain income tax refunds. The plaintiffs resided in Connecticut, but J performed services for his employer, U Co., in both…

The plaintiff R, who sustained injuries after he was injured in a motor vehicle collision involving an uninsured motorist, sought to recover uninsured motorist benefits allegedly due under an automobile insurance policy issued by the defendant W Co. At the time of the accident, R was operating a…

Opinion and Order The Petitioner's request to overrule the AG's legal sufficiency determination is GRANTED. The AG's rejection of I-33 is VACATED, and the Secretary of State is directed to return the proposal to Petitioner for the purpose of gathering signatures.

CIVIL STALKING PROTECTION ORDER - Appellate court must defer to trial court on credibility determinations and trial court did not abuse its discretion in finding Appellant engaged in a pattern of conduct which caused Appellee mental distress and thus did not abuse its discretion in granting…

civil stalking protection order manifest weight of the evidence presumption in favor of judgment menacing by stalking mental distress credibility determination conflicting evidence.

Pursuant to State ex rel. Klein v. Precision Excavating & Grading Co., 155 Ohio St.3d 78, 2018-Ohio-3890, a claimant is ineligible for temporary total disability ("TTD") compensation if the claimant's workplace injury did not cause the loss of earnings. Therefore, when a claimant removes herself…

The plaintiffs, two former employees of the defendant, sought to recover damages from the defendant for, inter alia, breach of their employment contracts and failure to pay wages pursuant to statute (§ 31-72). The trial court rendered judgment in favor of the plaintiffs on their respective claims…

Directed verdict Civ.R. 50 de novo review age discrimination prima facie case direct evidence statements by employer indirect evidence reasonable inference reduction in force business considerations breach of contract renewal of contract assignment meeting of the minds essential terms promissory…