In the case of State ex rel. Neal v Cincinnati, 2021-Ohio-1276, an Ohio Appeals Court held that a firefighter was not entitled to a promotion by order of the court because the firefighter had no legal right to a promotion, nor did the city have a duty to provide the same.
In this case, a firefighter sued the city for a promotion arguing the circumstances of his promotion exam invalidated the results and called into question the legitimacy of the testing process.
The Court found that the firefighter had a right to take the exam but no legal right to the promotion, and while the circumstances of the exam were frustrating, granting the promotion is improper.
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.