Employment Law Court Rulings

The trial court erred by granting appellees' motion for summary judgment as there is a reasonable dispute of fact whether the display of a noose in appellant's vehicle was severe enough conduct to create a hostile work environment. The trial court also erred by granting appellees' motion for…

The trial court erred by granting appellees' motion for summary judgment as there is a reasonable dispute of fact whether the display of a noose in appellant's vehicle was severe enough conduct to create a hostile work environment. The trial court also erred by granting appellees' motion for…

Jury trial; age discrimination; McDonnell Douglas analysis; motion for directed verdict; motion for judgment notwithstanding the verdict (\JNOV\); R.C. 4112.14(A); prima facie case; legitimate nondiscriminatory reason; pretextual; punitive damages; actual malice; motion for new trial; Civ.R. 59(A);…

Civ.R. 12(B)(6); Civ.R. 8; dismissal; defamation; wrongful termination. Trial court erred when it dismissed appellant's complaint pursuant to Civ.R. 12(B)(6), where appellant was only required to set forth a short plain statement of claims, that sufficiently apprised the appellee of the nature of…

reversing the denial of summary judgment motion filed by political subdivision and employees, who were immune from liability; no evidence of negligence as required for the immunity exceptions involving the operation of a motor vehicle or the performance of a proprietary function; no duty; no…

EMPLOYMENT – CORPORATIONS – MINORITY SHAREHOLDERS – WRONGFUL DISCHARGE – BREACH OF FIDUCIARY DUTY – CONTRACTS - RELEASES: The trial court did not err in granting a motion for summary judgment filed by defendants majority shareholders on plaintiff minority shareholder's claims for breach of…

constructive discharge, hostile work environment, reverse racial discrimination, negligent hiring/retention/supervision

EMPLOYMENT DISCRIMINATION – DISABILITY DISCRIMINATION – REASONABLE ACCOMMODATION – RETALIATORY DISCHARGE – SUMMARY JUDGMENT: The trial court erred when it granted summary judgment to defendant former employer on plaintiff former employee's disability-discrimination claim because the deposition…

wrongful termination in violation of public policy, Greeley, Civ.R. 12(B)(6), contract employee, at-will employee, Title IX, motion to dismiss

¶0 The plaintiffs/appellants worked for and delivered Amazon packages in the Tulsa, Oklahoma, area for the defendant/appellee, James Kerr. After Kerr fired them, the plaintiffs filed a lawsuit against him. Kerr sought to compel arbitration pursuant to arbitration provisions of the plaintiffs'…

Civ.R. 12(B)(6) failure to state a claim wrongful termination clear public policy pregnancy discrimination temporal nexus

POLITICAL SUBDIVSION IMMUMITY - APPELLATE REVIEW/CIVIL - DEFAMATION – POLITCAL SUBDIVISION EMPLOYEE IMMUNITY: The trial court erred by denying defendant political subdivision's motion for summary judgment on the basis that it was immune from liability where there remained no genuine issue of…

ADMINISTRATIVE APPEAL - Ohio Civil Rights Commission final order finding of discrimination R.C. 4112.02(H) subject matter jurisdiction affirmatively plead jurisdictional facts notice pleading particularity charge of discrimination conciliation probate cause uncontested facts \no animals\ rule…

The plaintiff sought to recover damages from the defendant for the allegedly wrongful termination of his employment, in violation of public policy and the statute ((Rev. to 2015) § 31-51q) prohibiting an employer from retaliating against an employee for exercising constitutionally protected speech.…

Motion to dismiss Civ.R. 12(B)(1) subject matter jurisdiction de novo review State Employment Relations Board exclusive jurisdiction R.C. Chapter 4117 collective bargaining agreement final and binding arbitration exclusive remedy claims arising from or depending on collective bargaining agreement…

Ohio Civil Rights Commission discrimination disability R.C. 4112.06 R.C. 4112.05 Americans with Disabilities Act, App.R. 12 App.R. 16 abuse of discretion OCRC record pre-complaint investigation no probable cause finding. Pro se appellant filed a complaint with the Ohio Civil Rights Commission…

In a hostile-work environment, sexual harassment case the trial court did not err in granting summary judgment where the school board took timely, corrective action to prevent the harassment, had no constructive knowledge that the individual was a habitual harasser, and where a reasonable person…

Administrative appeal principal terminated from employment