Employment Law Court Rulings

The trial court did not err in determining that the client of a staffing agency was the plaintiff-appellant's employer for purposes of workers' compensation immunity as the client had the right to control the manner and means in which appellant performed his day-to-day tasks. Moreover, the trial…

Where the record contained competent, credible evidence to support the Unemployment Compensation Review Commission's determination that an employee had been discharged for just cause, the commission's decision denying the discharged employee's claim for unemployment benefits is not unlawful,…

motion for summary judgment, breach of contract, declaratory judgment, contract interpretation, intent of the parties, business partnership termination agreement

CIVIL – oil and gas lease failure to join indispensable parties production covenant release termination condition precedent production in paying quantities statute of limitations, R.C. 2305.041.

The respondent attorney appealed to this court from the judgment of the trial court suspending him from the practice of law for one year. The respondent, who was admitted to practice law in both Maine and Con- necticut, had been involved in civil litigation in Maine involving water- front property…

CIVIL - definition of employee, independent contractor unemployment benefits R.C. 4141.282 just cause fraud right to control work OAC 4141-3-05(B) affirmed trial court's finding applicant was an independent contractor.

Although an employee's failure to participate in vocational rehabilitation can constitute voluntary abandonment of the workforce, here the Industrial Commission had some evidence to support its conclusion that the claimant's work-related injuries had rendered him permanently and totally disabled…

The court denies relator's objection to the magistrate's decision determining the attorney fee amount and allocation. The commission's fee controversy letter cited to the evidence upon which it relied in making the determination and there is some evidence in the record to support the determination.…

CONTRACTS – LANDLORD-TENANT: The trial court's judgment in favor of a commercial building owner against its tenant was not against the manifest weight of the evidence where the tenant breached the lease by failing to transfer a liquor permit to the owner at the termination of the parties' lease as…

Trial court did not err in ruling on appellant's motion to compel or in its determination that appellant's statistical evidence was not probative of discrimination.

Conciliator did not exceed his powers in adopting union's final offer pertaining to overtime eligibility under collective bargaining agreement where terms were more stringent than FLSA minimum standards. Township waived argument that conciliator exceeded his powers by adopting terms for health…

Petition for certificate of qualification for employment R.C. 2953.25 abuse of discretion. The trial court abused its discretion in denying the appellant's petition for a certificate of qualification for employment without setting forth its findings.

Trial court did not err when it dismissed appellant's appeal of a letter of determination on reconsideration issued by the Ohio Civil Rights Commission.

The trial court did not err in entering summary judgment against the appellant on its complaint alleging breach of a written employment contract and a subsequent oral agreement. Under the terms of the written employment contract, the appellant, a law firm, was entitled to compensation if the…

CIVIL - arbitration award application to confirm no motion to vacate, modify, or correct filed within three-month statutory limitations period objection to application formal aspect of the award waived venue R.C. 2711.16 trial court must determine venue.

The trial court correctly ordered that $10,000 disbursed from appellant's 401(k) plan and held in trust by his attorney be paid to Ace Sprinkler, Inc.'s receiver for distribution to an Ace employee and to appellant's former partner in the business. The funds were not protected by R.C. 2329.66, and…

The trial court correctly confined its review to the record as filed by the Ohio Civil Rights Commission (OCRC) related to a charge of discrimination against appellant's former employer. The trial court did not err in applying the "unlawful, irrational, arbitrary or capricious" standard of review…

Nieto worked for Clark's Market, Inc. (the Market) and accrued vacation time pursuant to the vacation policy in the Market's employee handbook. The handbook stated that an employee is entitled to payment for accrued but unused vacation time if she voluntarily resigns and gives at least two weeks'…

Objections to magistrate's decision overruled and writ of mandamus denied because employer failed to show it had a clear legal right to reimbursement of disabled workers' relief fund benefit payments, or that BWC had a clear legal duty to reimburse those payments, when both the employer and BWC…

CONTRACTS – CONVERSION – R.C. 4113.15: The trial court properly entered summary judgment in favor of defendant employer on plaintiff former employee's breach-of-contract claim, because no contract was created due to a lack of consideration where the employer had gifted a raffle ticket to the former…

CIVIL - CBA teachers termination hazing R.C. 3319.16 sole remedy referee petition to enforce arbitration litigation untimely appeal of decision statutory proceeding prevails over conflicting provisions in CBA not arbitrable even if timely moot issues.

Workers' Compensation subject matter jurisdiction arising out of employment medical negligence

Property owner appeals the decision granting summary judgment to the defendants, a township and county. Property owner sought writ to compel defendants to enforce zoning resolution and state laws concerning alleged junkyard abutting the property owner's land. Zoning resolution defined "junkyard" as…