Employment Law Court Rulings

R.C. 3319.081 termination of non-teaching employees due process R.C. 2506.03 administrative appeal abuse of discretion stipulation reliable evidence probative evidence preponderance of evidence waiver

CIVIL – Fair Labor Standards Act 29 C.F.R. 785.22 overtime compensation 24-hour shift sleeping period hours worked at-will employment disclaimer employee handbook express agreement continuing to work and accept pay is not conclusive evidence of implied agreement contemporaneous protest summary…

The plaintiff sought to recover damages from the defendant, her former employer, for alleged discrimination and the creation of a hostile work environment on the basis of her gender in violation of the applicable provision (§ 46a-60) of the Connecticut Fair Employment Practices Act. The plaintiff,…

The trial court did not err by granting appellee's motion for judgment on the pleadings. Appellant's complaint did not establish the elements necessary to support his claim for wrongful discharge in violation of public policy. Judgment affirmed. (Tucker, P.J., concurring.)

The plaintiff sought to collect, inter alia, unpaid wages on behalf of two employees of the defendant W Co. A state marshal served two copies of the summons and complaint on the defendant B, W Co.'s president, in both his individual capacity and as president of W Co. Following the defendants'…

The trial court properly granted summary judgment where there were no genuine issues of material fact because appellant failed to demonstrate any evidence that the decedent's employer or co-employees deliberately intended to cause his death as is required by R.C. 2745.01.

Arbitration Agreement waiver scope. Trial court properly found that the parties' dispute was not governed by arbitration plaintiff's claims existed independently of the employment relationship and her R.C. Chapter 4112-based claims were not subject to arbitration due to lack of sufficient evidence…

Arbitration agreement race discrimination retaliation motion to stay litigation pending arbitration non-class action claims procedurally unconscionable substantively unconscionable. - Trial court abused its discretion in granting employer's motion to stay litigation pending arbitration where the…

summary judgment – R.C. 4112.02(I) – retaliation – but-for cause – ineffective assistance of counsel in civil case

summary judgment, at-will employment, promissory estoppel, governmental function, implied contract, specific representation, discharge in violation of public policy, civil service, loss of consortium

Summary judgment res judicata federal court R.C. 4112.02 statute of limitations retaliation breach of contract R.C. 4117.02 State Employee Relations Board. Trial court properly awarded transit authority and union summary judgment where plaintiff's discrimination claims were previously rejected in…

Board of Education, termination of contract, abuse of discretion, referee's report, findings of fact and recommendation, R.C. 3319.16

Administrative Procedure Termination Just Cause Due Process Findings of Fact Conclusions of Law Attorney's Fees Back Pay

Disability discrimination perceived prima facie transitory and minor. A plaintiff claiming disability discrimination cannot make out a prima facie case of being perceived as disabled if the plaintiff's injuries are transitory and minor — defined under federal law as an impairment with an actual or…

Because R.C. 119.12(N) expressly limits an agency's right to appeal an adverse ruling of the common pleas court to questions of law relating to the constitutionality, construction, or interpretation of statutes and rules of the agency, the court of appeals did not have jurisdiction of an appeal by…

Summary judgment race discrimination promissory estoppel overtime hours discovery motions. Trial court erred by granting summary judgment to defendant-employer regarding employee's race discrimination claim, because there are genuine issues of material fact. Summary judgment was properly granted to…

No error disposing case because no issue of material fact existed to challenge whether employment was governed by CBA no jurisdiction.

Judgment affirmed. The trial court did not err when it granted summary judgment in favor of appellee. Under Ohio's borrowing statute, R.C. 2305.03, and controlling choice of law principles, Tennessee law applied to appellant's wrongful termination claims. Consequently, appellant's claims were…

discipline of state employee unacceptable personal conduct tardiness and absences ALJ review of agency decision just cause for discipline.

employment at will doctrine - public policy exception - tort

The trial court did not err in concluding that Appellant, a traveling employee, was on a personal errand at the time of her injury and was not entitled to receive workers' compensation benefits. Affirmed.

Mandamus-Public employment-R.C. 3319.081-Writ sought to compel school district to recognize custodian as "regular nonteaching school employee" with continuing-contract status-Writ denied.

Civ.R. 56/summary judgment disability discrimination. The trial court erred by granting summary judgment in appellee's favor. Appellant presented evidence sufficient enough to create a genuine issue of material fact.

R.C. 4112.14 to successfully assert an age discrimination claim, a plaintiff must establish a prima facie case plaintiff failed to demonstrate that she had been replaced by a substantially younger person.

Summary judgment Civ.R. 56 workers' compensation R.C. 4123.01 arising out of employment causal connection idiopathic injury. In order to survive defendants-appellees' motion for summary judgment, plaintiff-appellant had the burden of producing evidence demonstrating that a condition, risk, or…