In the case of Meminger v. Ohio State Univ., 2017-Ohio-5781, the court of claims dismissed a wrongful termination claim because the “plaintiff was a member of the classified civil service who was a member of a collective bargaining unit, and, as such, she was not an employee at will.” Meminger at ¶ 8.
“As a general rule, the common law doctrine of employment-at-will governs employment relationships in Ohio.” Meminger at ¶ 7. “In an at-will employment relationship, either an employer or an employee may legally terminate the employment relationship at any time and for any reason.” Meminger at ¶ 7. However, the Ohio Supreme Court created a “public policy” exception to the at-will doctrine which prevents employers from discharging or disciplining employees for reasons that are prohibited by constitutions, statutes, or administrative rules and regulations.
In order to state a wrongful discharge public policy action, an employee must be an at-will employee. This necessarily excludes union members as Ohio’s collective bargaining laws and, presumably, the collective bargaining agreement itself prevent employers from terminating the employment relationship at any time and for any reason. Because the court of claims found that the evidence demonstrated that the plaintiff was a member of a collective bargaining unit, the court then concluded that “plaintiff was not an employee at will, and, as such, she cannot state a claim for wrongful termination in violation of public policy as a matter of law.” Meminger at ¶ 7.
To read this case, please click here.
Authors: Matthew John Markling and Patrick Vrobel.
Note: This blog entry does not constitute – nor does it contain – legal advice. Legal jurisprudence is like the always changing 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.