In the case of Marlatt v. Ohio Dept. of Job & Family Servs., 2023-Ohio-630, an appellate court held that 18 documented incidents of disciplinary action over 22 months qualified as “just cause” under R.C. 4141.29(D)(2)(a) to terminate an employee and deny unemployment compensation benefits. In this case, the unemployment commission argued that the employee engaged […]
In the case of Ryan v. Ashtabula, 2023-Ohio-621, the special master recommended dismissing a public record requestor’s complaint under R.C. 149.43 as the requester asked for all emails from 2021, nonexistent “accurate invoices” reflecting the requester’s view of facts, and records the city had already provided. In this case, the requester simply argued that the […]
In the case of Evans v. Gardner, 2023-Ohio-558, an appellate court held that attorney-client privilege did not apply when an attorney, who represented the non-party business and business’s president, inadvertently sent an email, sent by the president, for in camera review that the business claimed was protected by the attorney-client privilege. In this case, the […]
In the case of Augustine v. Bd. of Edn. of the Toledo City Sch. Dist., Lucas C.P. No. G-4801-CI-202202888-000 (Jan. 26, 2023), a common pleas court refused to find that an implied cause of action exists under R.C. 5123.61(L), which provides that “[n]o employer or any person with the authority to do so shall discharge, […]
In the case of Brown v. JC Austintown, Inc., 2023-Ohio-553, an appellate court held that an employer’s mere sending of a pre-litigation response letter to an employee to discuss the alleged facts, which was silent as to arbitration, was not inconsistent with the right to arbitrate under the circumstances in this case. In this case, […]
In the case of State ex rel. Lusane v. Kent Police Dept., Slip Opinion No. 2023-Ohio-480, the Ohio Supreme Court held that dash- and body-cam recordings are public records and subject to disclosure after a public record request under R.C. 149.43 unless the arrest footage meet the confidential law enforcement investigatory records (“CLEIR”) exception, but, […]