Employment Law Court Rulings

Public employment—Demotion of captain to sergeant based on his repeated sexual harassment of female correctional officers who worked under his supervision, upheld.

The trial court did not err in granting summary judgment to appellee on appellant's race discrimination and sex discrimination claims. Judgment affirmed.

Dismissal of Moore plaintiffs' First Claim, Count 2, for battery that occurred within the notice period reversed; dismissal of Demma's First Claim, Count 2, for battery reversed; dismissal of Moore plaintiffs' Second Claim for hostile work environment that occurred within the notice period…

Reversed and remanded as to BOLI's conclusion that Kaiser, Mitchell, and Struhar aided and abetted sexual harassment and were joint and severally liable; otherwise affirmed.

The dismissal of appellant's complaint was partly based on incorrect factual conclusions related to the application of judicial estoppel the trial court erred in dismissing the complaint. Furthermore, an alleged lack of standing due to appellant's Chapter 13 bankruptcy filing does not provide an…

Motion for judgment on the pleadings Civ.R. 12 question of law de novo cross-claim pro se litigant App.R. 12 App.R. 16 motion to withdraw as counsel plain error right to counsel negligence injury proximate cause negligent hiring breach of contract hostile work environment wrongful termination. The…

Immunity of political subdivision employee judgment on the pleadings reverse racial discrimination R.C. 2744.03(A) R.C. 2744.09. Plaintiff's complaint for claims of reverse racial discrimination, harassment, and retaliation contained sufficient allegations for the liability of defendant political…

Arbitration agreement race discrimination retaliation motion to stay litigation pending arbitration procedurally unconscionable. - Trial court did not abuse its discretion in granting employer's motion to stay litigation pending arbitration of plaintiff's race discrimination and retaliation claims…

GOVERNMENTAL IMMUNITY – R.C. CHAPTER 2744 – JUDGMENT ON THE PLEADINGS – TWP/COUNTY/STATE: Where a child was returned to her parents' custody where she died, the trial court properly granted the motion for judgment on the pleadings filed by Hamilton County, the Hamilton County Commissioners, and the…

ADMINISTRATIVE APPEAL - R.C. 3319.16 lower court did not abuse its discretion termination of teaching contracts for violation of hazing policy during band camp "fairly serious matters" "good and just cause" for termination Daugherty factors preponderance of the evidence, not manifest weight, was…

Trial court did not err in providing jury instruction requested by appellees, nor did court err in ruling on appellant's request to pursue a claim for retaliation in age discrimination action.

In this wrongful dismissal case, Sonya Brooks ("Brooks") sued her former employer Roane County and county officials Ron Woody and Gloria Wright ("Defendants"). In a March 9, 2017 order, the Circuit Court for Roane County ("the Trial Court") dismissed Brooks' lawsuit against Defendants with…

Arbitration award, collective bargaining agreement, police officer, public policy. The arbitration award modifying a police officer's termination to a substantial suspension, without back pay and benefits, drew its essence from the collective bargaining agreement, was not unlawful, arbitrary, or…

In the absence of a genuine issue of material fact, the trial court did not err in granting summary judgment in favor of Miami Valley Hospital on Noelle Diller's claims of sexual harassment (hostile environment) and retaliation. While the trial court abused its discretion in striking Exhibits B, C,…