Ohio Supreme Court places limits on public-Policy terminations

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in Employee Benefits Program,Firing,FMLA Guidelines,Human Resources

In a dramatic reversal, the Ohio Supreme Court significantly limited the reach of its earlier decision in Coolidge v. Riverdale School Systems. That 2003 decision led attorneys and employers to conclude that it violated Ohio state public policy to terminate any employee who was eligible to receive temporary total disability payments under the Ohio Workers’ Compensation Act. That was true even if the termination resulted from a uniformly applied, neutral attendance policy.

In the new decision, Bickers v. Western Southern Life Insurance Company, the court limited Coolidge to mean that terminating a teacher for absences due to a work-related injury while the teacher is receiving workers’ compensation benefits is a termination without “just and good cause” under R.C. § 3319.16. The court also held that R.C. § 4123.90 “provides the exclusive remedy for employees claiming termination in violation of the rights conferred by the W...(register to read more)

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