Good news for employers: When an Ohio employee sues for alleged discrimination under state, federal or local anti-discrimination laws, he can’t also add claims that he was wrongly terminated in violation of public policy. The other laws are his sole remedy.
Recent case: Allwell Akatobi, a black man of Nigerian national origin, was a manager of an Aldi grocery store. The chain fired him shortly after two things happened: His wife slipped while in the store, and he told his bosses he couldn’t work more than 50 hours per week.
He sued, claiming discrimination under Title VII. He added a claim of retaliation andin violation of public policy.
The court threw out the last claims, reasoning that other specific laws provide a remedy for the alleged wrongs. (Akatobi v. Aldi, No. 2:09-CV-1028, SD OH, 2010)
On the other hand, when whistle-blowing is involved ...While the Akatobi case says an employee doesn’t get additional claims when other laws provide a remedy, the same isn’t true when his claim is based on a law with no specific remedy.
Consider the following case, in which a former employee said he was fired because he reported what he believed was wrongdoing under the federal Foreign Corrupt Practices Act (FCPA).
Recent case: Robin Kirk was fired from his job with Shaw Environmental shortly after returning from an assignment in Saudi Arabia.
He sued, alleging that he had complained about possible corrupt practices in the company’s Saudi subsidiary. Terminating him, he therefore argued, violated Ohio public policy.
The court said his case could go forward because the federal FCPA doesn’t provide a remedy for employees. Since it does not, Ohio law takes up the slack. (Kirk v. Shaw Environmental, No. 1:09-CV-1405, ND OH, 2010)
Like what you've read? ...Republish it and share great business tips!
Attention: Readers, Publishers, Editors, Bloggers, Media, Webmasters and more...
We believe great content should be read and passed around. After all, knowledge IS power. And good business can become great with the right information at their fingertips. If you'd like to share any of the insightful articles on BusinessManagementDaily.com, you may republish or syndicate it without charge.
The only thing we ask is that you keep the article exactly as it was written and formatted. You also need to include an attribution statement and link to the article.
" This information is proudly provided by Business Management Daily.com: http://www.businessmanagementdaily.com/11713/choose-one-when-suing-bias-or-wrongful-termination "
- Make training for managers an essential part of your sexual harassment policy
- Minnesota Unemployment Insurance Law
- Use proactive process to stop little digs from adding up to hostile environment
- Document discharge decision at time it's made
- Michigan supervisors can be personally liable for discrimination