Employment Law Court Rulings

Plaintiff filed a wrongful termination case on the basis of racial discrimination as well as intentional infliction of emotional distress and retaliation against The Ohio State University. Plaintiff failed to file within the two year statute of limitation and the longer federal time period in this…

CIVIL - disability discrimination retaliatory discharge collateral estoppel res judicata grievance process used collective bargaining agreement statutory claims not barred separate not actually or necessarily litigated separate remedies are not jointly exhaustive summary judgment reasonable and…

PUBLIC EMPLOYEE – COLLECTIVE-BARGAINING AGREEMENT – UNFAIR LABOR PRACTICE – WRONGFUL DISCHARGE – DISCRIMINATION – JURISDICTION: The State Employment Relations Board has exclusive jurisdiction over a wrongful-discharge claim brought against a public employer by an employee subject to a…

Workers compensation: trial court's findings of fact and conclusions of law were sufficient for appellate court to conduct review trial court did not err in admitting testimony competent and credible evidence supports judgment of the trial court.

MALPRACTICE - legal where appellant discharged her attorney by letter in July 2015 and a cognizable event occurred in November 2015 when she signed a grievance against her attorney with Disciplinary Counsel, appellant's cause of action accrued and the statute of limitations began to run in November…

CIVIL - summary judgment Civ.R. 56(C) employment discrimination R.C. 4112.02(A) disparate treatment retaliation R.C. 4112.02(I) nondiscriminatory and pretextual reasons for termination

summary judgment, Civ.R. 56, App.R. 16(A)(7), disability discrimination, R.C. 4112.02, workers' compensation, retaliation, R.C. 4123.90

Unemployment Compensation Review Commission's denial of appellant's application for unemployment benefits was not against the manifest weight of the evidence, where the record revealed that appellant quit his employment without affording the employer an opportunity to address his safety concerns,…

unemployment compensation benefits, just cause, manifest weight of the evidence, R.C. 4141.282(H)

The defendant-union, CCRI Educational Support Professional Association/NEARI, appealed to the Supreme Court after a justice of the Superior Court vacated an arbitration award that had reinstated the grievant, Michael Crenshaw, to his position as a Campus Police Officer for the plaintiff, the…

The trial court did not err by affirming the Unemployment Compensation Review Commission's decision allowing claimant-appellee's application for unemployment compensation. There is some competent, credible evidence supporting the Commission's determination that claimant-appellee worked in covered…

Relator's objection sustained and writ of mandamus granted for TTD workers compensation benefits for woman who was family farm worker after being widowed, based undisputed evidence of her work on family farm. Magistrate's findings of fact adopted and additional findings made by appeals court.…

David Paolo appeals from a grant of a motion for summary judgment in favor of the plaintiff, West Davisville Realty Co., LLC, holding Paolo liable on a personal guaranty of a termination of lease agreement between the plaintiff and Alpha Nutrition, Inc. On appeal, Paolo argued that there was a…

Magistrate did not err in concluding medical report was ambiguous as to whether relator was capable of employment and, therefore, could not constitute some evidence in support of order denying PTD application. Writ of mandamus granted ordering commission to vacate order denying PTD application and…

Record contained sufficient evidence to support respondent's determination approving relator's application for disability retirement "not in the line of duty."

Employment at-will Defamation

Trial court erred by granting directed verdict in favor of employer on claim for lumbar radiculitis. Although testimony from claimant's medical expert was equivocal on whether lumbar radiculitis was a pain symptom of another condition or an independent condition, it was not proper to weigh the…

The trial court did not err in affirming the decision of the Ohio Unemployment Compensation Review Commission finding that appellant is a successor in interest to Stanley Staffing, Inc. Judgment affirmed.

In considering claim for eligibility for workers' compensation on a summary judgment motion, the trial court erred in finding that there was no genuine issue of material fact as to whether claimant's psychological condition in 2015 was caused by a workplace injury several years earlier. Claimant's…

Employment termination

Relator did not establish that she was a public employee as opposed to an independent contractor.

A school board's special meeting notice failed to comply with R.C. 121.22(F), because the board failed to properly state the purpose of the open session of the meeting. The board's resolution not to renew an employee's contract, therefore, was invalid, and the trial court erred in rendering summary…