Employment Law Court Rulings

Motion for summary judgment; Civ.R. 56; workers' compensation claim; R.C. 4123.01(C)(5); preexisting condition; substantially aggravated; clear and unambiguous statute; and objective pre-injury medical evidence. The trial court erred when it granted an employer's motion for summary judgment because…

NCWHA, UDTP, severance payment, non-compete payment

Appellant's assignments of error, which challenged the trial court's determination that he failed to exhaust administrative remedies because he did not allege in his charge to the Ohio Civil Rights Commission that he had been constructively discharged, were moot because appellant did not assign as…

The language of the Virginia wage theft statute, Code § 40.1-29, specifically lists wages and salaries, but it does not expressly apply to commissions, and its context does not support an interpretation that extends the statute's protections to commissions. Resting its contrary conclusion on the…

ADMINISTRATIVE APPEALS - Teacher contract termination; R.C. 3319.16; abuse of discretion; statutory referee; credibility; deference; explanation for rejecting referee's findings; trial court applied correct legal standard; teacher contract nonrenewal; R.C. 3319.11; correction of procedural errors;…

R.C. 124.341, civil servant, Greeley claim, R.C. 124.11, subject-matter jurisdiction, Civ.R. 12(B)(1), Civ.R. 12(B)6), Civ.R. 56(C), sex discrimination, public official intimidation, R.C. 4112.02, R.C. 2921.03(A)

In an interlocutory appeal brought by medical staffing companies concerning a physician-plaintiff's claim against them under the Virginia Whistleblower Protection Act, Code § 40.1-27.3, the Court of Appeals erred in affirming the denial of their plea in bar to that claim because the alleged…

Rule 12(b)(6); at-will employment; wrongful discharge; N.C.G.S. § 143-422.2; sex discrimination.

The plaintiff appealed from the trial court's judgment granting the defen- dants' motions to dismiss her retaliatory discharge action, which alleged a violation of the whistleblower statute (§ 31-51m). The plaintiff, while employed at a pizza restaurant owned by the defendant S Co. and managed by…

Workers' compensation; spinal stenosis; expert opinions; manifest weight; high-dose steroids. The trial court's judgment finding that plaintiff was entitled to additional workers' compensation benefits was not against the manifest weight of the evidence even though there were conflicting expert…

summary judgment; workers' compensation retaliation claim; R.C. 4123.90; no genuine issue of material fact regarding legitimate and non-retaliatory reason for termination

Civ.R. 56, hostile work environment, constructive discharge. Plaintiff failed to produce a genuine issue as to any material fact that he was subjected to a hostile work environment based on his race or national origin, or that he was constructively discharged. The alleged hostile actions and…

Disability, Ohio Civil Rights Act, Americans with Disabilities Act, Americans with Disabilities Act Amendments Act, Ohio Civil Rights Commission, substantially limits, physical impairment, constructive discharge, R.C. Chapter 4112, R.C. 4112.06(E), R.C. 4112.08, R.C. 4112.02(A), Adm. Code…

A court properly dismisses sex or sexual orientation employment-discrimination claims against a church under Minn. R. Civ. P. 12.02(e) if the allegations in the complaint, construed in plaintiff's favor, establish that the court's adjudication of plaintiff's claims would violate the religious…

Appellant challenges the district court's grant of a former romantic partner's petition for a harassment restraining order (HRO) against him. Because the district court did not clearly err in its findings and did not abuse its discretion in determining that there were reasonable grounds to believe…

Appellant Warren Black demanded an evidentiary hearing to challenge a petition for a harassment restraining order (HRO) filed by respondent Karla Mitchell. The district court granted the HRO, reasoning that Black had violated active HROs by harassing Mitchell at least three times. Black asks us to…

Robert Villanueva lingered inside a convenience store's retail area and its restroom for hours before store staff finally questioned whether he was using drugs and ordered him to leave. Villanueva sued the store, alleging intrusion upon seclusion (a cleaning employee attempted to enter a restroom…