Employment Law Court Rulings

Dismisal of order and notice of garnishment and termination of wage garnishment

EMPLOYER/EMPLOYEE/EMPLOYMENT RELATIONS - breach of contract R.C. 3319.17 age discrimination R.C. 4112.14 in an indirect evidence case courts employ a four-part test to establish a prima facie case of age discrimination constructive discharge.

For purposes of determining governmental immunity, a genuine issue of material fact exists regarding whether the government employee negligently punctured a gas line where there is conflicting evidence regarding the location of the damage, and whether a utilities protection service request was made…

Workers' Compensation—Mutual Mistake of Material Fact—Colorado Workers' Compensation Act. In this case, the Supreme Court considered whether a provision of the mandatory form settlement document promulgated by the Director of the Division of Workers' Compensation waives an injured employee's…

Common pleas court decision affirming resolution that terminated public school teacher's employment contract affirmed trial court did not abuse its discretion by concluding that teacher improperly asserted herself into a situation that was being handled by two others or by refusing to apply R.C.…

SERB did not abuse its discretion in dismissing relator's ULP complaint for lack of probable cause where the plain language of the expiring CBA permitted either party to declare an impasse in negotiations and proceed to mediation when, after 45 days from the expiration of the CBA, the parties were…

Employer who required employee to work under heavy flywheel without safeguards to protect the employee if the flywheel fell was guilty of violating a specific safety requirement.

Summary judgment - course and scope of employment

Motion to compel discovery attorney-client privilege SERS report. Judgment affirmed. The trial court did not err in ordering the Cleveland Clinic to provide its SERS report to the plaintiff, who slipped and fell at the Clinic while visiting a family member. There is no indication in the record that…

42 USC § 1983—Indemnification—Defense Costs—Insurance—Employer Liability Law. A City of Lakewood (City) police officer was killed by friendly fire, and his widow filed a lawsuit under 42 USC § 1983, alleging that the City and various fellow officers had violated the deceased officer's rights under…

Mandamus denied SERB did not abuse its discretion when it dismissed unfair labor practice charges as untimely.

Ohio Environmental Review Commission erred when it granted appellee's motion to compel production of three e-mails that the Ohio Environmental Protection Agency sought to withhold from discovery due to a claim of attorney-client privilege. De novo review of the three e-mails reveals that an EPA…

The trial court did not commit plain error in its use of diagnostic criteria and in finding that Appellants' doctors failed to perform any differential diagnoses in connection with Appellant's claim to add Complex Regional Pain Syndrome as a covered condition under Workers' Compensation.…