Employment Law Court Rulings

civil stalking protection order manifest weight of the evidence presumption in favor of judgment menacing by stalking mental distress credibility determination conflicting evidence.

Directed verdict Civ.R. 50 de novo review age discrimination prima facie case direct evidence statements by employer indirect evidence reasonable inference reduction in force business considerations breach of contract renewal of contract assignment meeting of the minds essential terms promissory…

Wrongful discharge in violation of public policy Civ.R. 12(B)(6) motion to dismiss choice of law place of injury tort action tortious interference with employment relationship prohibiting deceptive trade practices. The trial court did not err by dismissing plaintiff's California-law-based claims…

Trial court erred in granting summary judgment in favor of appellee employer in wrongful discharge in violation of public policy claim where clarity and jeopardy elements were met. The jeopardy element was met because the clear public policy articulated in R.C. Chapter 4115 protects not only the…

Trial court did not err in granting appellee/employer's motion for judgment on the pleadings as to appellant/employee's promissory estoppel claim where appellant's amended complaint failed to allege appellee made specific promises of future job security upon which appellant reasonably relied in…

The plaintiff, a minor child diagnosed with Down syndrome and without functional speech who was enrolled in the Hebron public school system, brought an action seeking damages from the defendants, the town of Hebron, the Board of Education, and eight of the board's employees, for, inter alia,…

CIVIL - summary judgment declaratory judgment collective bargaining agreement grievance arbitrability Ohio Arbitration Act R.C. 2711.01(A) Ohio Public Employees Collective Bargaining Act R.C. 4117.10(A) scope presumption explicit language other forceful evidence from the bargaining history.

DISCRIMINATION — EMPLOYER/EMPLOYEE —RETALITION: The trial court properly granted summary judgment in favor of defendant-employer on plaintiff-employee's claim for race discrimination where the employee failed to demonstrate a prima facie case of race discrimination: the employee did not demonstrate…

To establish a wrongful termination in violation of public policy claim, the plaintiff must establish the (1) clarity (2) jeopardy (3) causation (4) and overriding justification elements of the requisite legal test. A plaintiff may establish a gender discrimination claim by demonstrating he or she…

The self-represented, incarcerated plaintiff brought this action against the defendant, a former state correctional institution administrative captain, claiming violations of his federal constitutional rights. The plaintiff alleged that the defendant retaliated against him for providing legal…

CIVIL - definition of employee, independent contractor unemployment benefits R.C. 4141.282 just cause fraud right to control work OAC 4141-3-05(B) affirmed trial court's finding applicant was an independent contractor.

Trial court did not err in ruling on appellant's motion to compel or in its determination that appellant's statistical evidence was not probative of discrimination.

Trial court did not err when it dismissed appellant's appeal of a letter of determination on reconsideration issued by the Ohio Civil Rights Commission.

The trial court correctly confined its review to the record as filed by the Ohio Civil Rights Commission (OCRC) related to a charge of discrimination against appellant's former employer. The trial court did not err in applying the "unlawful, irrational, arbitrary or capricious" standard of review…

Nieto worked for Clark's Market, Inc. (the Market) and accrued vacation time pursuant to the vacation policy in the Market's employee handbook. The handbook stated that an employee is entitled to payment for accrued but unused vacation time if she voluntarily resigns and gives at least two weeks'…

Mandamus denied relator's refusal to subject himself to an examination by his employer's physician does not constitute good cause under R.C. 4123.65(C).

The common pleas court did not abuse its discretion on R.C. 3319.16 appellate review when it affirmed the board of education's order terminating teacher's employment. Judgment of the common pleas court affirmed.

Plaintiff filed a wrongful termination case on the basis of racial discrimination as well as intentional infliction of emotional distress and retaliation against The Ohio State University. Plaintiff failed to file within the two year statute of limitation and the longer federal time period in this…

CIVIL - disability discrimination retaliatory discharge collateral estoppel res judicata grievance process used collective bargaining agreement statutory claims not barred separate not actually or necessarily litigated separate remedies are not jointly exhaustive summary judgment reasonable and…

PUBLIC EMPLOYEE – COLLECTIVE-BARGAINING AGREEMENT – UNFAIR LABOR PRACTICE – WRONGFUL DISCHARGE – DISCRIMINATION – JURISDICTION: The State Employment Relations Board has exclusive jurisdiction over a wrongful-discharge claim brought against a public employer by an employee subject to a…

Workers compensation: trial court's findings of fact and conclusions of law were sufficient for appellate court to conduct review trial court did not err in admitting testimony competent and credible evidence supports judgment of the trial court.

CIVIL - summary judgment Civ.R. 56(C) employment discrimination R.C. 4112.02(A) disparate treatment retaliation R.C. 4112.02(I) nondiscriminatory and pretextual reasons for termination

summary judgment, Civ.R. 56, App.R. 16(A)(7), disability discrimination, R.C. 4112.02, workers' compensation, retaliation, R.C. 4123.90