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Drug Testing Using Direct Observation Not Invasion of Privacy

In the case Lunsford v. Sterilite of Ohio, L.L.C., 2020-Ohio-4193, 2020 Ohio LEXIS 1907, an Ohio appellate court found that a trial court correctly determined that the former at-will employees failed to sufficiently plead invasion-of-privacy claims, arising from the private employer’s implementation of a workplace substance-abuse policy requiring the employees to submit a urine sample […]

Disability Benefits Denied per R.C. 3307.48

In the case State ex rel. Ewart v. State Teachers Ret. Sys. Bd. of Ohio, 2020-Ohio-4147, 2020 Ohio App. LEXIS 3036, an Ohio appellate court considered whether a member of the Ohio State Teachers Retirement System, who worked as a teacher in a public school system, was entitled to a writ of mandamus ordering the […]

Matthew John Markling Selected One of The Best Lawyers in America®

McGown & Markling is proud to announce that Managing Director Matthew John Markling has yet again been selected one of The Best Lawyers in America® in the practice area of Education Law for the year 2021. Mr. Markling has also been selected one of The Best Lawyers in America® in the practice areas of Labor and Employment […]

Labor Dispute, Not a Lockout, so No Unemployment

In the case Ohio Ass’n of Pub. Sch. Emples. v. Unemployment Comp. Review Comm’n, 2020-Ohio-4028, 2020 Ohio App. LEXIS 2920, an Ohio appellate court found that in public school employees association’s action seeking unemployment compensation benefits during strike, trial court did not err in adopting unemployment compensation review commission’s determination that employees were not entitled […]

Office Acted Under Color of State Law so Department Liable

In the case Black v. Hicks, 2020-Ohio-3976, 2020 Ohio App. LEXIS 2869, an Ohio appellate court found that in a 42 U.S.C.S. § 1983 case, it was not error to find appellants vicariously liable for a police officer’s misconduct under Monell. While the officer was off duty, wearing plain clothes, and driving an unmarked car […]