In the case of One Lifestyle, Ltd. v. Mohiuddin, 2021-Ohio-1594, the Ohio Tenth District Court of Appeals held that an employer may enforce an arbitration agreement even if the employer was not specifically named in the agreement and the employer did not sign the agreement. An employee of One Lifestyle argued that the arbitration agreement […]
In the case of Oliveri v. OsteoSTRONG, 2021-Ohio-1694, the Ohio Eleventh District Court of Appeals held that a trial court erred in granting summary judgment in favor of OsteoSTRONG because the waiver of liability signed by Oliveri did not waive all claims for injury and Oliveri may not have assumed the risk of injury. The […]
In the case of Green v. CDO Technologies, Inc., 2021-Ohio-1603, Ohio’s Second District Court of Appeals held that a former employer retains the right to make disparaging comments about a former employee to potential future employers if the former employer did not waive the right to do so in a settlement agreement. Green argued that […]
On May 6, 2021, the Department of Labor (“DOL”) announced the withdrawal of the test of independent contractors which was put into effect under the Trump administration. The withdrawal of the test went into immediate effect. The test set forth the standards for assessing whether a worker was an employee or an independent contractor under […]
In the case of Jiashin Wu v. Ohio Civ. Rights Comm’n, 2021-Ohio-1541, the Ohio Court of Appeals held that the letter of determination upon reconsideration issued by the Ohio Civil Rights Commission (“Commission”) adequately and sufficiently explained the decision to dismiss Dr. Wu’s claims of discrimination. In this case Dr. Wu argued that pursuant to […]
In the case of Caldwell v. Niles City Schools, 2021-Ohio-1543, the Eleventh District Court of Appeals held that a genuine issue of material fact was present when constructive discharge may have played a role in the “voluntary” resignation of an employee. The plaintiff argued that defendant constructively discharged her by failing to accommodate her disability. […]