In an interesting Supreme Court of Ohio case, the high court has ruled that a lawsuit by an employer against an employee who filed an employment discrimination lawsuit against it is not automatically retaliation. The court’s decision overturned a long-held view of the Ohio Civil Rights Commission (OCRC).
The decision means an employer can, in the right case, sue an employee who filed a meritless lawsuit.
Recent case: Tammy Greer-Burger filed a sexual harassment lawsuit against her employer, Lazlo Temesi. A jury decided in favor of Temesi.
Temesi then sued Greer-Burger for abuse of process, malicious prosecution and intentional infliction of emotional distress.
Then Greer-Burger’s attorney filed a complaint with the OCRC, claiming the lawsuit was retaliation for the original sexual harassment lawsuit. The OCRC issued a cease and desist order, stopping the lawsuit from going forward. It based its decision on the idea that Temesi’s lawsuit was per se (or automatic) retaliation.
Temesi appealed to the Supreme Court of Ohio, which reversed the per se retaliation finding. It concluded that an employer should have a chance to show that its lawsuit isn’t baseless, but is a legitimate use of the legal process. The high court wrote, “An employee’s right to pursue a discrimination claim without fear of reprisal is a laudable goal entitled to considerable weight. The OCRC’s position in this case, however, had the potential to give employees a carte blanche right to file malicious, defamatory and otherwise false claims.” (Greer-Burger v. Temesi, No. 2006-1616, Supreme Court of Ohio, 2007)
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/4163/turnabout-is-fair-play-employers-may-be-able-to-sue-for-frivolous-lawsuits "