Ohio Recognizes Public Policy Tort for Workers Compensation Retaliation in Limited Circumstances

Ohio has a specific statute against workers' compensation retaliation- R.C. 4123.90 . It prohibits an employer from retaliating against an employee who files a claim, or institutes, pursues, or testifies in any proceeding under the workers' compensation act. In Bickers v. W. & S....

Ohio Republicans Backpedal on Union Bill

Five months ago, Ohio Gov. John Kasich (R) and Republican lawmakers pushed through Senate Bill 5, restricting public employees' collective bargaining rights, banning them from striking and requiring them to pay a larger share of their health care costs and pension contributions. But now Kasich...

Ohio Supreme Court Clears Up “Clarity” Element of Wrongful Discharge Tort

Last summer, an Ohio appellate court concluded that retaliation against employees who raise concerns over fire safety violates a clear public policy generally favoring fire safety in the workplace. Last week, the Ohio Supreme Court took away the employee's victory, and provides ammunition for...

Map of Ohio

Can We Please Fix Ohio’s Age Discrimination Law?

It's no secret that Ohio's age discrimination statute is a hot mess . The statute has four different ways a plaintiff can file an age claim against an employer, each with a different statute of limitations and available remedies. What's more, the statute requires that the plaintiff elect...

Your Company’s Personnel Files Are Not Your Employees’ Personal Property

One repeat question that I seem to receive is whether employees have a right to see their personnel files. At least in Ohio, the answer is “no”—with three key exceptions: Medical Records. Ohio Revised Code 4113.23(A) provides employees access to their own medical records from...

Ohio Supreme Court Punts on Individual Discrimination Liability … For Now

Earlier this summer, I reported on Hauser v. City of Dayton , which I hoped would answer the question of whether Ohio’s employment discrimination statute still provided for individual liability for managers and supervisors. Last week, the Court issued its ruling in Hauser , and, disappointingly...