In the case of Fayak v. Univ. Hosps., 2020-Ohio-5512, the Ohio Eighth District Court of Appeals held that an employee’s gender discrimination claims were barred by the limitations period in the employee’s employment application, because the complaint was not timely refiled.
In this case, the employee refiled a gender discrimination action against her employer after her initial complaint was dismissed.
The employer argued that the employee’s refiled claim was untimely, because of a six-month limitation period set forth in the employment application. The employer asserted that the real reason the employee’s termination was that the employee failed to abide by the employer’s leave policies.
The Court of Appeals agreed with the employer, finding that the limitation period barred the employee’s claim because the employee failed to refile her initial complaint within the limitations period. The Court concluded the employer had a valid reason for the employee’s termination, therefore the termination was proper.
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.