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Public employees must choose: Sue agency or boss, not both

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in Human Resources

Here’s a bit of good news for managers and supervisors who work for Ohio public employers.

Employees who decide to sue a government agency through the state Court of Claims lose the right to sue their supervisors directly and personally.

Recent case:
Laura Morway sued her supervisor for allegedly denying her overtime pay and then retaliating against her.

Morway, who worked for the Ohio Bureau of Workers’ Compensation, sued the state in the Court of Claims. She also tried to sue directly the individuals who allegedly wronged her.

The Court of Appeals rejected her claim. It said that Morway could have sued directly or done what she did—sue the agency in the Court of Claims. However, she couldn’t do both. Pursuing the agency meant giving up the right to sue the individuals. (Morway v. Durkin, et al., No. 07-MA-189, Court of Appeals of Ohio, 2009)

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