Wednesday, May 6, 2020
Application Of Wrongful Discharge Violation Of A Public...
In Ohio, an employer may terminate an at-will employee for any reason. Greeley v. Miami Valley Maint. Contractors, Inc., 551 N.E.2d 981, 981 (Ohio 1990). However, an exception to this rule is that an employer may not terminate an at-will employee when the termination violates public policy. Stephenson v. Litton Sys., Inc., 646 N.E.2d 259, 261 (Ohio Ct. App. 1994). In order to have a claim of wrongful discharge in violation of a public policy, a plaintiff must prove: (1) the existence of a clear public policy; (2) a termination like the one in question would jeopardize public policy; (3) the termination was motivated by conduct related to the public policy; and (4) there are no other significant business justifications for the termination. Glenn v. Hose Master, L.L.P., __N.E.3d.__,*1 (Ohio Ct. App. 2016). As indicated previously, this memorandum will analyze only the issue of proving that the termination was related to the public policy. For an employee to prove that the termination was motivated by conduct related to the public policy, the conduct must be the cause of the termination. Id. at *7. Employer awareness of the conduct related to the public policy and the timing of the employer’s awareness are used to establish that the conduct caused the termination. Hollingsworth v. Time Warner Cable, 812 N.E.2d 976, 984 (Ohio Ct. App. 2004). Employer awareness is necessary to prove that the termination was motivated by conduct related to the public policy. Id. at 984.Show MoreRelatedThe Employment at Will Doctrine2337 Words  | 9 Pagesemployer, 2. Where there is a breach of a covenant of Good faith and fair dealing, 3. Where the employer violates a public policy, which is part of a government policy (Sentell Robbins 2008). 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