In the case of Arnold v. Spencer Twp. Bd. of Trustees, 2020-Ohio-4706, an Ohio appellate court held that a former public employee fire chief could not bring a breach of contract claim against the former public employer township because the former public employee held the fire chief position as a matter of law rather than as a matter of contract.
In this case, the fire chief initiated a breach of contract lawsuit against the township in an attempt to recover outstanding severance payments in response to the township closing the fire department and eliminating approximately 25 positions including, but not limited to, the fire chief position. The appellate court ruled in favor of the township because “’[a] public officer or employee holds his office as a matter of law and not contract, nor has such officer or employee a vested interest or private right of property in his office of employment.’” 2020-Ohio-4706, at 17. Since the fire chief was not employed pursuant to a contract, the appellate court found that the fire chief could not base a lawsuit for outstanding severance payments based upon a breach of contract theory.
It should be noted that the outcome of this case may have been much different had the public employee been employed under a contract.
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 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.