Legislative Update 

          On June 9, 2011, a long and controversial battle involving a wrongful discharge suit resulted in a partial victory for the terminated employee.

          The situation began on April 14, 2008, when DeWayne Sutton injured his back while disassembling a chop saw on the job at Tomco Machining, Inc. Sutton quickly informed the president, Jim Tomasiak, of the injury, but was then fired an hour later. He had been an employee of Tomco for over two years. Tomasiak explained that Sutton was not fired for any job performance issues or breaking of any company policies. Unhappy with these circumstances, Sutton filed a suit against Tomco accusing them of terminating his employment to prevent him from filing a workers' compensation claim, and therefore, having to pay for the claim and be responsible for higher workers' compensation premiums.   His complaint included both a claim for unlawful retaliation under the statute R.C. 4123.90, and a tort claim for wrongful discharge in violation of public policy. R.C.4123.90 states "No employer shall discharge, demote, reassign, or take any punitive action against any employee because the employee filed a claim or instituted, pursued or testified in any proceedings under the workers' compensation act for an injury or occupational disease which occurred in the course of and arising out of his employment with that employer."

          Sutton was defeated on both claims by the trial court and chose to appeal. He received a partial win from the Second District Court of Appeals. The court affirmed that R.C. 4123.90 didn't apply to Sutton as he had never filed for workers' compensation, and consequently, was not retaliated against by Tomco based on such a claim. It was determined that the statute failed to protect him on these grounds.  The judgment against Sutton, however, pertaining to his public-policy claim, was reversed by the Court of Appeals.

          As the Supreme Court of Ohio reviewed the case, several factors were analyzed to help determine the ruling. First, it was examined whether or not the R.C. 4123.90, fully protects employees in situations like this, or if there is a gap in what is covered. As delivered by Justice O'Connor, "Essentially, a gap exists in the language of the statute for conduct that occurs between the time immediately following injury and the time in which a claim is filed, instituted, or pursued. Sutton's firing occurred in that gap".   It was also deliberated whether or not an expression of an intention to pursue a claim is, or is not, considered the same concept as actually filing a claim through workers' compensation. Sutton had argued that he was discharged before ever getting the opportunity to file a claim. The court also explored the "At-Will Employment" doctrine, which is utilized by the State of Ohio. This doctrine implies that an employer may terminate an employee at any time with no reason or for any legal reason.   Another issue investigated was other potential explanations for why Sutton may have been fired from Tomco. It was possible that he may have been ignoring work safety procedures, using the wrong machinery, or even purposely injured himself to attempt compensation.

          After careful deliberations, the Supreme Court finally came to a decision. The Court found that the common-law tort claim involving public policy was properly recognized, as the General Assembly had incorporated retaliatory firings when it created R.C. 4123.90, and it did not intend to leave a gap in protection for employees. Justice O'Donnell explained, "the majority has today expanded the public policy behind the provisions of R.C. 4123.90 to apply to those persons discharged before filing, instituting, or pursuing a workers' compensation claim. The court did rule, however, against Sutton's second claim and held that the available remedies for his compensation were limited to those listed in R.C. 4123.90.

          The ruling in this case was extremely significant with relation to workers' compensation issues, and will no doubt affect future cases of this nature.

Upcoming Fanger & Associates LLC Events

Seminar - "Tax Exempt Organizations from Start to Finish" 

        Jeffrey J. Fanger will be presenting at the National Business Institute's 2011 Fall Seminar - "Tax Exempt Organizations from Start to Finish" in Independence, Ohio. This seminar is designed to help educate you on all of the accountability standards required, walk you through how tax-exempt status is achieved as well as the benefits, discuss the required forms and exemptions available, give you a better understanding of the potential liabilities of directors and officers, inform you of key methods to maintain an ethical practice, and guide you through this comprehensive process of all of the legal and tax aspects of exempt organizations. After attending the seminar, you will possess the knowledge you need to succeed in establishing or operating a tax-exempt organization, and the necessary tools to run you're nonprofit more efficiently.

        The seminar will be held on Thursday, October 27th, 2011 from 8:30 am - 4:40 pm at the Holiday Inn in Independence, Ohio. If you would like to register for the seminar or learn more information about the event, please visit NBI Seminar.   You may also contact us at (216) 382-0025 with any additional questions.           

Firm Update

What's new at Fanger & Associates LLC 

 

New Promotion on Our Legal Team!

By: Larissa Martin

 

Justine Scanlon Winger

        Ms. Winger received her Juris Doctorate from the University of Akron School of Law in 2010 and is a member of the Ohio State Bar Association, Akron Bar Association and American Bar Association.

        In addition to her law degree, Ms. Winger is a certified Family Law and court mediator.  She also earned a Bachelor's degree in Political Science and Minors in Communication and Sociology.  

        Ms. Winger's strong abilities and experience will make her an excellent asset to our legal team. Clients with legal questions or concerns are encouraged to contact Ms. Winger to discuss the options available to them.