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Previous Disqualifying Conviction Sufficient Cause for Termination

In the case of Childs v. Kroger Co., 2023-Ohio-2034, an appellate court held that the company permissibly terminated the manager when the manager’s disqualifying conviction was made known to the company despite the manager working for the company for years and the company ran background checks on the manager that did not reveal the disqualifying conviction.

In this case, the manager argued that (1) the company waived its right to terminate the manager by failing to do so after running the background checks and (2) the termination was both racial and disability discrimination. In response, the company argued that the manager was properly terminated for the previously unknown disqualifying conviction. The appellate court agreed with the company.

In support of its decision in favor of the company, the appellate court explained that at-will employees can be terminated for any reason that isn’t contrary to law. The appellate court further explained that the manager was not qualified to work for the company due to the disqualifying conviction, which precluded any racial or disability discrimination claims.

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.

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