Employer Notes

Ohio Supreme Court Addresses Public Policy/Statutory Interplay

The Ohio Supreme Court recently held, in Leininger v. Pioneer Natl. Latex that “A common-law tort claim for wrongful discharge based on Ohio’s public policy against age discrimination does not exist. . 

Resolving a question that caused quite a bit of confusion in the Ohio Court of Appeals, the Ohio Supreme Court recently held in Leininger v. Pioneer Natl. Latex that “A common-law tort claim for wrongful discharge based on Ohio’s public policy against age discrimination does not exist, because the remedies in R.C. Chapter 4112 provide complete relief for a statutory claim of age discrimination.”  The Leininger case, however, appears to be limited to common-law claims based on Ohio’s nondiscrimination statute (Chapter 4112) and does not address common-law wrongful termination claims based on other sources of public policy, such as Ohio’s workers’ compensation statutes.  That issue will likely be addressed in future cases. 

A link to yesterday’s decision is below:
www.sconet.state.oh.us/rod/newpdf/0/2007/2007-ohio-4921.pdf

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Attorney Spotlight

Deborah S. Adams is a member of Frost Brown Todd LLC and practices in the labor and employment law practice group. She represents management in the areas of employment discrimination and wrongful discharge.

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