In the case of Squire v. Carlisle Twp., 9th Dist. Lorain No. 18CA011435, 2019-Ohio-3984, an Ohio appellate court held that there is no clear Ohio public policy requiring all public employees to have an opportunity to return to lower positions following promotions.
In this case, a road worker for a township was promoted to acting road superintendent. The road worker requested to return to the road worker’s previous position, but because there were no open positions, the township terminated the road worker. The road worker brought legal claims alleging that the township’s refusal to allow the road worker to return to a previous position violated public policy embodied in in Ohio Admin. Code 123:1-23-03(D).
The Ohio appellate court concluded that the termination did not violate a clear public policy embodied in Ohio Admin. Code 123:1-23-03(D) — i.e., civil service protections provided to “classified service employees” — because the regulation only applies to government employees who are in “classified service,” not all government employees. Because the road worker was not in “classified service” under R.C. 124.01(C). The Ohio appellate court held that the township violated no clear public policy by terminating the road worker.
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.