Ohio Recognizes Common Law Retaliatory Discharge Claim for Reporting Workplace Injury

hazardous workplaceFrom the Ohio Supreme Court’s Case Summaries:

“The Supreme Court of Ohio ruled today that R.C. 4123.90, a state law that prohibits the firing of workers in retaliation for filing workers’ compensation claims, expresses a clear public policy against the retaliatory firing of injured employees, including those who are fired before filing a workers’ compensation claim.  Therefore,  Ohio recognizes a common law (non-statutory) tort claim for wrongful discharge in violation of public policy when an employee is fired after reporting a workplace injury to his employer but before initiating a workers’ compensation claim.”

Sutton v. Tomco Machining, Inc., Slip Opinion No. 2011-Ohio-2723.

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