In the case of Pilato v. Nordonia Hills City Schools Bd. of Edn., 2019-Ohio-3085, an Ohio appeals court held that a school district and its business manager were not liable for disability discrimination and retaliation after an employee resigned following a dispute over the employee’s misconduct while the employee was on approved leave.
In this case, the employee was the manager of the school district’s high school cafeteria who went on approved leave for surgery. While on leave, the employee electronically cancelled a food service order and altered the time of other cafeteria employees in the payroll system. After an investigation, the employee resigned.
The employee later filed suit arguing that the employee was forced to resign and that the school district failed to make a reasonable accommodation for the employee’s disability by forcing the employee to work while on leave. In response, the school district argued that the employee was terminated for misconduct while on leave – i.e., cancelling a food service order and altering cafeteria employee time.
An Ohio appellate court agreed with the school district as the evidence indicated that, prior to the unauthorized practices, the school district expected the employee to return to work and the employee engaged in misconduct while on leave.
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 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.