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Confronting Employers About Reporting Incorrect Income Figures to the Unemployment Commission is Not Protected Activity

In the case of House v. Iacovelli, 2020-Ohio-435, the Ohio Supreme Court held that an employer terminating an employee for confronting the employer for failing to report correct income figures to the unemployment commission is not wrongful termination.

In this case, a former employee sued her former employer for wrongful termination arguing that she was terminated because she confronted her employer about the accuracy of payroll and that it was a violation of Ohio public policy to terminate an employee for complaining about payroll because R.C. Chapter 4141 requires employers to accurately report payroll for the purposes of unemployment.

The Ohio Supreme Court held that such termination was not wrongful termination because the penalties in R.C. 4141.27 imposed on employers for failing to accurately report adequately protected the Ohio public policy, which left no need for the allowance of a wrongful termination claim.

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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