In the case of Davis v. Cinnamon Lake Ass’n., 2020-Ohio-5374, the Ohio Ninth District Court of Appeals held, a school district did not discriminate against an employee because: the employee was discharged within the 90-day probationary period, the employee did not possess the necessary skills and knowledge for the position, and the employee failed to provide evidence that the discharge was related to the employee’s disability.
In this case, the employee asserted that the school district did not retain the employee in a permanent position within the district, because the employee had cancer.
The school district alleged that the employee was hired on a probationary period and that the employee’s skills and knowledge as they related to the position were not up to the standard the employee represented during his interview.
The Court of Appeals agreed with the school district, reasoning that the employee failed to provide evidence to substantiate the claim. Further, the Court reasoned that it was evident the employee was hired on an at-will basis, because the employee was subject to a 90-day probationary period.
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.