Employment Law Court Rulings

Civ.R. 56 summary judgment App.R. 16 App.R. 12 at will employment wrongful discharge in violation of public policy clarity element. Appellant fails to separately argue her assignments of error, but in the interest of judicial fairness, we address the assigned errors. The trial court did not err in…

Pursuant to statute (§ 46a-58 (a)), ''[i]t shall be a discriminatory practice . . . for any person to subject, or cause to be subjected, any other person to the deprivation of any rights, privileges or immunities, secured or protected by the Constitution or laws of this state or of the United…

Section 65-01-02(11)(a)(3), N.D.C.C., requires claimants to prove a compensable heart-related injury by showing with reasonable medical certainty their employment caused the injury and unusual stress was at least 50% of the cause of the injury. Objective medical evidence may not be established…

The magistrate did not err in concluding that there was some evidence to support the administrative designee's order that the installers and inspector of relator were employees and not independent contractors. We also find there are both factual and legal distinctions between this court's decision…

Pursuant to statute (§ 31-60 [b]), the Commissioner of Labor shall adopt regulations that carry out the purposes of the minimum wage laws, and such regulations shall entitle employers, as part of the minimum fair wage, to a tip credit by including gratuities in an amount equal to a certain…

Construing the evidence most favorably to the non-moving plaintiff and conducting a de novo review, genuine issues of fact as to each of the disputed elements of retaliation claim exist, making it not suitable for resolution on summary judgment according to evidence in record.

The plaintiff sought to recover damages from the defendant in connection with the alleged wrongful termination of her employment by the defen- dant, alleging claims for wrongful discharge in violation of an implied contract, negligent infliction of emotional distress, and a violation of the…

Under State ex rel. Klein v. Precision Excavating & Grading, Co., 155 Ohio St.3d 78, 2018-Ohio-3890 and on the record of the case, the magistrate correctly reasoned that relator failed to demonstrate the Industrial Commission abused its discretion in denying his request for temporary total…

CIVIL MISCELLANEOUS — ATTORNEY FEES: The trial court did not err in awarding attorney fees to plaintiff landlord against defendant tenant's attorney under R.C. 2323.51(A)(2)(a)(i) in an eviction action, where the court's finding that the attorney had engaged in frivolous conduct by protracting the…

Motion to compel arbitration contract contractual capacity ratification R.C. 2711.02. The trial court did not err in granting appellees' motion to stay proceedings and compel arbitration. The record reflects that a valid and enforceable arbitration agreement existed because it had been ratified by…