In the case of Ma v. Cincinnati Children’s Hosp. Med. Ctr., 2023-Ohio-1727, an appellate court held that summary judgment is not appropriate to determine if just cause exists to terminate a tenured researcher when the employment contract is ambiguous on what qualifies as just cause.
In this case, the researcher argued that a failure to obtain funding for research is not just cause for termination based on the parties’ intent when the employment contract was signed. In response, the hospital argued that the employment contract obligated the researcher to obtain external funding and a failure to do so would constitute just cause for termination. The appellate court agreed with the researcher.
In support of its decision in favor of the researcher, the appellate court explained that the testimony of the researcher and another witness indicated that just cause in the contract did not include a failure to obtain research funding. The appellate court further explained that the evidence the hospital brought contained numerous ambiguities within the contract which must be defined by a jury rather than as a matter of law.
To read this case, click here.
Note: This case regards a question of summary judgment. The final outcome of this case may be quite different after the trial court makes a decision.
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.