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Category: Case Updates

Court decisions from across the country have implications right here in Ohio. Here is a selection of recent cases, and why they matter.

Unless Explicitly Mentioned In A Collective Bargaining Agreement, Discrimination Claims Fall Outside The Grievance Process

In the case of Muldowney v. Portage Cty. Bd. of Commrs., 2018-Ohio-2579, an Ohio appellate court determined that a county sheriff was permitted to litigate his discrimination claims even after an arbitrator found that the sheriff had been terminated for just cause under the collective bargaining agreement (“CBA”). In this case, the sheriff, who suffered […]

Employees Of Educational Service Centers Do Not Have Recall Rights Following A Reduction In Force According To Ohio Appellate Court Decision

In the case of Ruez v. Lake Cty. Educational Serv. Ctr., 2017-Ohio-4125, an Ohio appellate court found that the governing board of an educational service center (“ESC”) did not breach its contract with an intervention specialist when it implemented a reduction in force under R.C. 3319.17. In doing so, the court also found that employees […]

Metadata Can Be A Public Record

In the case of Parks v. Webb, 2018-Ohio-1578, an Ohio court of claims adopted the report and recommendation of a special master and held that metadata can be a public record subject to disclosure under the Ohio Public Records Act if properly requested. Metadata is information about an electronic record that organizes and manages the […]

Casual or Day-to-Day Substitute Teachers Are At-Will Employees

In the case of Tomety v. Columbus City Schools, 2018-Ohio-937, an Ohio appellate court agreed that a casual or day-to-day substitute teacher is an at-will employee subject to termination with or without cause. The substitute teacher in this matter had been employed by the school board since 2004. While preparing his lunch the principal directed […]