Scope of Wrongful Termination in Ohio Expanded: New Violation of Public Policy Claim

The Ohio Supreme Court has recognized exceptions to the employment-at-will doctrine over the years to include situations where an at-will employee is discharged or disciplined for reasons that violate public policy. The latest public policy exception to the employment-at-will doctrine is where an employee suffers a retaliatory termination after an on-the-job injury, but before filing a workers' compensation claim. Such an employee may now file a common-law tort claim for wrongful discharge. Sutton v. Tomco Machine, Inc., 2011-Ohio-2723.

In Sutton, the plaintiff was a machine worker who injured his back while disassembling a chop saw at work. After reporting the injury he was terminated and he filed a common-law tort claim for wrongful termination in violation of public policy. While the Ohio workers' compensation law prohibits retaliation against injured workers who have filed a claim, the statute is silent with regard to retaliation against injured workers prior to filing a workers' compensation claim. The Court found that a gap exists in the statute for conduct that occurs between the time following an injury and the time in which a claim is filed, and the Court therefore created a public policy exception for workers terminated during this "gap" period, allowing employees to file a common-law tort claim even though the statutory claim would fail.

Employers in Ohio should be careful when terminating employees following work injuries, because such actions may now give rise to a common-law tort for wrongful termination in violation of public policy.