The Ohio Supreme Court recently issued a ruling that will have a far reaching impact on an employer’s right to protect its trade secrets under the Uniform Trade Secrets Act, R.C. § 1333.61 et seq. Specifically, the Ohio Supreme Court found that trade secrets do not lose their status as such simply because they have been…
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In the recent decision of Arbino v. Johnson & Johnson, __ Ohio St.3d __, 2007-Ohio-6948, the Ohio Supreme Court upheld the constitutionality of two provisions of the Ohio Revised Code which limit noneconomic and punitive damages in certain tort actions. The first statutory provision considered by the Supreme Court was R.C. § 2315.18, which caps…
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In order to establish claims for retaliatory discharge, employees must, among other things, show that they engaged in “protected activity” and they were terminated as a result. It is well recognized that employees do not need to file formal complaints in order to engage in protected activity – instead, it is the simple assertion of…
DetailsOhio Supreme Court Rules That It Is Not Per Se Retaliation For Employer To Sue Employee After Prevailing In Discrimination/Harassment Suit Brought By Employee The Ohio Supreme Court recently issued an opinion on the issue of whether an employer’s lawsuit against an employee who had engaged in protected conduct can constitute retaliation under Ohio R.C.…
DetailsIn a retreat from prior precedent, the Ohio Supreme Court recently ruled that employees who are terminated as a result of filing for and receiving workers’ compensation benefits may not pursue public policy-based wrongful discharge claims. See Bickers v. W. & S. Life Ins. Co., ___ Ohio St.3d ___, 2007-Ohio-6751. In so holding, the Supreme…
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