In the case of Creveling v. Lakepark Industries, Inc. 2021-Ohio-764, the Ohio Sixth District Court of Appeals held that returning to work after filing a worker’s compensation claim was not a protected activity under R.C. 4123.90, and isolated derogatory remarks do not create a causal link between an employee filing a claim and being fired for filing a claim.
Here, an ex-employee argued he was terminated for filing a workers’ compensation claim which is a protected activity, and that derogatory comments made by a coworker established the causal connection needed for a retaliation claim.
The employer stated that the employee was fired for violating a corrective action agreement based upon following safety guidelines.
The Court ruled in favor of the employer holding that no court authority deems returning to work after the filing of a workers’ compensation claim as a protected activity, nor do isolated comments by another coworker give rise to a causal connection for a retaliation claim.
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.