wrongful discharge in violation of public policy

• Ohio Supreme Court Clarifies The 'Clarity' Element Of Wrongful Discharge In Violation Of Public Policy Claims

The Ohio Supreme Court recently issued its second opinion this year addressing the tort of wrongful discharge in violation of public policy. In this c...

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• Boyd v. Ohio Dept. of Mental Health, (Ohio 2011)

The trial court did not err in granting defendant judgment on plaintiff's claims for racial discrimination in violation of R.C. 4112.02 and wrongful discharge in violation of public policy.

• Ohio Supreme Court

• Sutton v. Tomco Machining, Inc. (Slip Opinion), Slip Opinion No. 2011-Ohio-2723

Common-law tort claim for wrongful discharge in violation of public policy — R.C. 4123.90 expresses a clear public policy prohibiting retaliatory employment action against injured employees — Ohio recognizes a common-law tort claim for wrongful discharge in violation of public policy when an injured employee suffers retaliatory employment action after injury on the job but before the employee files a workers’ compensation claim or institutes or pursues a workers’ compensation proceeding — To establish causation, a plaintiff who alleges wrongful discharge in violation of public policy as expressed in R.C. 4123.90 must prove that the adverse employment action was retaliatory, which requires proof of a nexus between the adverse employment action and the potential workers’ compensation clai...

• Ohio Supreme Court

• Policy, Says Ohio Supreme Court

An employee can file a common-law tort claim for wrongful discharge in violation of public policy where he suffered retaliatory employment action after he was injured on the job but before he filed a workers' compensation claim, the Ohio Supreme Court has ruled. While dissembling a chop saw, the employee injured his back. He reported his injury to the company president, who fired him less than one hour later.

• Lawyers USA
• June 17, 2011

• Strodtbeck v. Lake Hosp. Sys., Inc., (Ohio 2011)

CIVIL - motion for summary judgment; Civ.R. 56(C); de novo; wrongful discharge in violation of public policy; clear public policy

• Ohio Supreme Court

• Dohme v. Eurand Am., Inc. (Slip Opinion), Slip Opinion No. 2011-Ohio-4609

To satisfy the clarity element of a claim of wrongful discharge in violation of public policy, a terminated employee must articulate a clear public policy by citation to specific provisions in the federal or state constitution, federal or state statutes, administrative rules and regulations, or common law.

• Ohio Supreme Court

• Schwenke v. Wayne-Dalton Corp., (Ohio 2008)

Wrongful Discharge in Violation of Public Policy, Motion for Summary Judgment, Motion for Directed Verdict, Award of Attorney Fees & Costs

• Ohio Supreme Court

• Supervisor May Be Liable for Wrongful Discharge, Rules Virginia Supreme Court

A supervisor could be individually liable for participating in the wrongful discharge of an employee in violation of state public policy, the Virginia Supreme Court has ruled in answering a certified question submitted by the 4th Circuit. The plaintiff worked as a nurse at a medical clinic. The defendant owned the clinic and was the plaintiff's supervisor. According to the plaintiff, the defendant subjected her to sexual harassment, which included unwelcome invitations to engage in an extramarital affair. The defendant allegedly terminated the plaintiff because she rebuffed his advances.

• Lawyers USA
• November 15, 2012

• Wissler v. Ohio Dept. of Job & Family Servs., (Ohio 2010)

Judgment in favor of ODJFS on wrongful discharge in violation of public policy and breach of contract claims was not error. Appellant failed to demonstrate ODJFS lacked an overriding legitimate business justification for her dismissal. Performance management plan and document extending initial probationary period did not modify appellant's at-will employment nor create an implied in fact contract. At-will employment can be terminated at any point during a period of probationary employment, pursuant to R.C. 124.27.

• Ohio Supreme Court

• Thompson v. Gynecologic Oncology & Pelvic Surgery Assoc., (Ohio 2006)

The trial court did not err in granting summary judgment in favor of defendant-employer on plaintiff-employee's claims of wrongful discharge in violation of public policy. Plaintiff failed to raise a genuine issue of material fact as to whether her discharge was motivated by her consultation with an attorney or as to where defendant lacked an overriding business justification for discharging her. Additionally, plaintiff's claim of wrongful discharge in violation of the public policy embodied in R.C. 4123.90 failed because plaintiff did not comply with the 180-day limitations period contained in that statute.

• Ohio Supreme Court