In the case of Robert Mercer v. Brian Goans, et al., 2021-Ohio-1948, the Eighth District Court of Appeals held that an employee’s claim for defamation and racial discrimination was properly dismissed because the employee could not offer any evidence to support their claim other than their own testimony.
Here, the employee claimed their 30-day suspension was discriminatory in nature and based on defamatory statements made by a co-worker who alleged that the employee made threatening gestures and threats of violence toward the co-worker. The Court of Appeals disagreed.
The Court reasoned that since the employee provided the Court with nothing more than the employee’s own testimony to the falsity of the co-worker’s statements and the discriminatory nature of the suspension, the claims were properly dismissed.
To read this case, click here.
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.