If a government employee first files a claim with the Ohio Court of Claims, that bars related federal claims against a state agency’s individual supervisors.
That may mean those supervisors will avoid individual liability for, and civil rights violations.
Recent case: Matthew Oehlers lost his job with the Ohio Department of Transportation. He sued his former supervisors in the Ohio Court of Claims, alleging he was fired for missing work because he is a volunteer firefighter. Then he sued them in federal court for sex bias and FMLA violations.
The court tossed out the case because of a quirk in Ohio law that blocks subsequent suits against individuals if a related complaint was filed first in the Court of Claims. (Oehlers v. Ohio Department of Transportation, No. 3:11-CV-6, ND OH, 2011)
- How to Fire an Employee the Legal Way: 6 Termination Guidelines
- Review insurance policies for legally dangerous exclusions
- Former employee who sued applies for new job? Take extra care about who does the hiring
- Stop suits with standard job application process
- Set limits on employees' music before it becomes a problem