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A Trial Court Cannot Overturn an Administrative Decision Upholding an Employee’s Termination Because It Disagrees with An Employer’s Policy

In the case Gregory v. Cuyahoga Cty., 8th Dist. Cuyahoga No. 108192, 2020-Ohio-2714, an Ohio appellate court found that the trial court cannot overturn an administrative decision upholding an employee’s termination because it disagrees with an employer’s policy.

In this case, an employee was terminated from a county’s employment for a major violation of the county’s personnel policy. The employee appealed for an administrative review, and the hearing officer upheld the termination. The trial court overturned the hearing officer because the trial court found that the county failed to implement progressive discipline, and that the county did not produce a preponderance of the evidence supporting the county’s decision.

The Ohio appellate court held that the trial erred because the trial court went beyond the scope of review in excluding witness testimony, asked the wrong factual questions, and held the county to policy of progressive discipline that was not applicable to the termination in question.

To read this case, click here.

Authors: Matthew John Markling and the McGown & Markling Team.

Note: This blog entry does not constitute – nor does it contain – legal advice. Legal jurisprudence is like the always changing like the Midwestern weather. As a result, this single blog entry cannot substitute for consultation with a McGown & Markling attorney. If legal advice is needed with respect to a specific factual situation, please feel free to contact a McGown & Markling attorney.

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