Total Articles: 3
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 case, the court clarified that: “[t]o 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 Expands Claims for Wrongful Termination in Violation of Public Policy
A thorn in the side of many Ohio employers is the claim for wrongful termination in violation of public policy. The basic concept of wrongful termination in violation of public policy is an exception to “termination at will,” in that employers cannot terminate an at-will employee if the termination would violate “public policy.” There are obvious violations of public policy such as terminating an employee who reports tax fraud to the IRS, or reports an employer's criminal law violation to police. But other potential claims are less obvious. It is these less obvious ones that often show up in complaints and leave employers vulnerable.
Ohio Supreme Court Limits Public Policy Wrongful Discharge Claims.
The Ohio Supreme Court recently issued a decision clarifying that at-will employees in Ohio do not have a common-law action for wrongful discharge merely because they were discharged while receiving workers compensation benefits. See Bickers v. W&S Life Insurance Co., 2007 Ohio 6751 (Ohio 2007). This decision limits the Courts 2003 decision in Coolidge v. Riverdale Local School Dist., which had been interpreted to permit an employee to sue an employer for wrongful discharge in violation of public policy when the employee is discharged for non-retaliatory reasons while receiving workers compensation benefits. Under Bickers, at-will employees are limited to filing claims for retaliatory discharge under the Ohio Workers Compensation Act.
