Ohio has long recognized a common-law claim against wrongful discharge that violates public policy. For example, firing employees for filing a workers’ compensation claim would violate public policy.
The same holds true for some claims that arguably would be covered by specific state and federal laws, such as the ADA and Ohio’s disability-discrimination law. Unlike the, which overrides common-law wrongful discharge rules, those laws aren’t broad enough to fully compensate employees fired because they’re disabled.
Recent case: Robin Bostick, who had medical problems, filed a common-law wrongful discharge claim, but no ADA lawsuit. The federal court hearing his case sent it back to the Ohio courts because those courts have jurisdiction over state claims when there is no federal claim. (Bostick v. Portage County Public Defender’s Office, No. 5:07-CV-2215, ND OH, 2007)
Final note: Never underestimate a state employment claim. Employees often file state common-law claims because the possible verdicts are unlimited (unlike those under Title VII, which are limited based on the employer’s size). Plus, state claims don’t have to be filed as quickly as EEOC and Ohio Civil Rights Commission claims. Nor do you get a chance to work with an independent agency to settle the case.
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/3682/ada-ohio-disability-discrimination-laws-dont-cut-off-other-state-claims "
- Keep careful records so you can show why you punished similar behavior differently
- N.Y. Human Rights Act amendment raises discrimination stakes
- Even innocent age-related comments can trigger a bias lawsuit
- Employee sued and now she's back at work? Don't walk on eggshells for fear of retaliation
- Implement clear process for requesting promotion