Ohio: Retaliatory Discharge Rule Does Not Apply Where Claim Filed Against Prior Employer

The provision in Ohio law [Ohio Rev. Code § 4123.90] prohibits an employer from terminating a worker who files a claim for workers’ compensation benefits, the statute does not apply where the claim was filed regarding a prioremployer. Thus, where an employee sustained injuries in 2014, while working for one employer and then, in 2016, took a job at a second employer, that second employer could not be sued for retaliatory discharge where the employee suffered no injury while working for the second employer and indeed admitted that she had never contemplated filing any claim against it.

Thomas A. Robinson, J.D., the Feature National Columnist for the LexisNexis Workers’ Compensation eNewsletter, is co-author of Larson’s Workers’ Compensation Law (LexisNexis).

LexisNexis Online Subscribers: Citations below link to Lexis Advance.

See McGree v. Gateway Healthcare Ctr., 2019-Ohio-988, 2019 Ohio App. LEXIS 1030 (Mar. 21, 2019)

See generally Larson’s Workers’ Compensation Law, § 104.07.

Source: Larson’s Workers’ Compensation Law, the nation’s leading authority on workers’ compensation law

For a more detailed discussion of the case, see