Sutton v. Tomco Machining, Inc.

2011 Ohio 2723, 129 Ohio St. 3d 153
CourtOhio Supreme Court
DecidedJune 9, 2011
Docket2010-0670
StatusPublished
Cited by60 cases

This text of 2011 Ohio 2723 (Sutton v. Tomco Machining, Inc.) is published on Counsel Stack Legal Research, covering Ohio Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Sutton v. Tomco Machining, Inc., 2011 Ohio 2723, 129 Ohio St. 3d 153 (Ohio 2011).

Opinions

O’Connor, C.J.

{¶ 1} The issue presented in this appeal is whether Ohio should recognize a common-law tort claim for wrongful discharge in violation of public policy when an injured employee suffers retaliatory employment action after injury on the job but before the employee files a workers’ compensation claim or institutes, pursues, or testifies in any workers’ compensation proceeding.1 We answer in the affirmative and further hold that the available remedies are limited to those [155]*155listed in R.C. 4123.90. Accordingly, we affirm the court of appeals’ holding that recognized the wrongful-discharge claim but modify that holding by recognizing that the available remedies are limited to those listed in R.C. 4123.90.

I. Relevant Background

{¶ 2} Early in the morning on April 14, 2008, DeWayne Sutton injured his back while disassembling a chop saw on the job at Tomco Machining, Inc. (“Tomco”).2 He reported the injury to Tomco’s president, Jim Tomasiak. Within one hour of being told of the injury, Tomasiak fired Sutton, who had been an employee of Tomco’s for two and one-half years. Tomasiak did not give Sutton a reason for the firing but did state that the firing was not because of Sutton’s work ethic or job performance or because Sutton had broken any work rule or company policy.

{¶ 3} On July 1, 2008, Sutton sent a letter to Tomco that informed it of his intention to file a claim under R.C. 4123.90 alleging unlawful retaliation. On September 18, 2008, Sutton filed suit against Tomco and alleged that Tomco fired him to avoid having Sutton considered an employee when he filed for workers’ compensation and thereby preclude a claim and avoid paying higher workers’ compensation premiums. Sutton asserted two claims for relief: a statutory claim for unlawful retaliation under R.C. 4123.90 and a tort claim for wrongful discharge in violation of public policy.

{¶ 4} Tomco moved for judgment on the pleadings, pursuant to Civ.R. 12(C). The trial court granted the motion as to both claims. Sutton appealed.

{¶ 5} The Second District Court of Appeals affirmed the judgment in part and reversed it in part. Specifically, it affirmed the judgment against Sutton on the statutory claim on the grounds that R.C. 4123.90 does not expressly apply to employees, like Sutton, who are retaliated against after they are injured but before they file, institute, or pursue a workers’ compensation claim. As to the public-policy claim, it reversed the judgment against Sutton, holding that the discharge violated public policy as expressed in R.C. 4123.90. The court of appeals did not address the issue of remedies.

{¶ 6} We accepted Tomco’s discretionary appeal. Sutton v. Tomco Machining, Inc., 126 Ohio St.3d 1512, 2010-Ohio-3331, 930 N.E.2d 331.

[156]*156II. Analysis

A. Exception to Employment-at-Will Doctrine

{¶ 7} The traditional rule in Ohio is that at-will employment may be terminated by the employer at any time for good cause, bad cause, or no cause at all, and therefore, discharge of an employee does not give rise to an action for damages. Phung v. Waste Mgt., Inc. (1986), 23 Ohio St.3d 100, 23 OBR 260, 491 N.E.2d 1114. This is commonly known as the employment-at-will doctrine, which was judicially created and thus may be judicially abolished. Kulch v. Structural Fibers, Inc. (1997), 78 Ohio St.3d 134, 161, 677 N.E.2d 308.

{¶ 8} In 1990, this court recognized an exception to the employment-at-will doctrine that applies when an at-will employee is discharged or disciplined for reasons that contravene clear public policy expressed by the legislature in its statutes. Greeley v. Miami Valley Maintenance Contrs., Inc. (1990), 49 Ohio St.3d 228, 551 N.E.2d 981, paragraph one of the syllabus; Painter v. Graley (1994), 70 Ohio St.3d 377, 639 N.E.2d 51, paragraph three of the syllabus (“Clear public policy” sufficient to justify an exception to the employment-at-will doctrine may be found in statutory enactments, the Constitutions of Ohio and the United States, administrative rules and regulations, and the common law). The basis of this exception is that when the General Assembly enacts laws that are constitutional, the courts may not contravene the legislature’s expression of public policy. Painter at 385. It is our responsibility to determine when public-policy exceptions must be recognized and to set the boundaries of such exceptions. Kulch at 161. In this case, the dissent mischaracterizes our opinion as establishing public policy in Ohio. To the contrary, we simply recognize that the judicial doctrine of employment at will must yield when it contravenes the public policy as established by the General Assembly in R.C. 4123.90.

{¶ 9} A cause of action for wrongful discharge in violation of public policy sounds in tort. Greeley at paragraph three of the syllabus. A plaintiff must prove the following elements to prevail on such a claim: (1) a clear public policy exists and is manifested in a state or federal constitution, in statute or administrative regulation, or in the common law (the clarity element), (2) dismissing employees under circumstances like those involved in the plaintiffs dismissal would jeopardize the public policy (the jeopardy element), (3) the plaintiffs dismissal was motivated by conduct related to the public policy (the causation element), and (4) the employer lacked an overriding legitimate business justification for the dismissal (the overriding-justification element). Collins v. Rizkana (1995) , 73 Ohio St.3d 65, 69-70, 652 N.E.2d 653. The • clarity and jeopardy elements involve questions of law; the causation and overriding-justification elements involve questions of fact. Id. at 70. We will now address these elements as they apply to Sutton’s claim.

[157]*1571. Causation and Overriding-Justification Elements Are Not Before Us

{¶ 10} This case is before us on an appeal from a judgment on the pleadings, which is a mechanism that is used to resolve questions of law. State ex rel. Midwest Pride TV, Inc. v. Pontious (1996), 75 Ohio St.3d 565, 570, 664 N.E.2d 931. Consequently, the factual elements, i.e. causation and overriding justification, are not before us. Rather, in order to prevail on his claim, Sutton must prove them on remand. To establish the causation element, Sutton must prove that his discharge was retaliatory. Because a discharge could be for reasons other than those related to workers’ compensation, such as a reasonable suspicion that the injury was not job related, a disregard by the employee for the employer’s safety rules, or an immediate need for a replacement employee, no presumption of retaliation arises from the fact that an employee is discharged soon after an injury. Rather, the retaliatory nature of the discharge and its nexus with workers’ compensation must be established by a preponderance of the evidence.

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Bluebook (online)
2011 Ohio 2723, 129 Ohio St. 3d 153, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sutton-v-tomco-machining-inc-ohio-2011.