In the case of Hall v. Kosei St. Marys Corp., 2023-Ohio-2021, an appellate court held that the employee did not have a retaliation claim when there was not a temporal proximity between the termination and raising concerns over a subordinate.
In this case, the employee argued that the termination happened in retaliation for the employee raising a concern about a subordinate making racially charged remarks and that the employee was fired contrary to free-speech rights and public policy. In response, the employer argued that the employee’s concern happened six months before the termination and free-speech rights cannot serve as a basis of a wrongful termination in violation of public policy claim. The appellate court agreed with the employer.
In support of its decision in favor of the employer, the appellate court explained that temporal proximity must be within a few days or weeks, otherwise the employee must show additional evidence of causation. The appellate court further explained that “[a] public policy wrongful discharge claim predicated upon a constitutional guarantee of Free Speech cannot reach a private employer.” 2023-Ohio-2021 at ¶ 28.
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.