*By Stephen S. Zashin
In a 5-2 decision issued yesterday, the Ohio Supreme Court held that an
at-will employee who is terminated from employment while receiving
workers’ compensation benefits may not pursue a common law tort action
against the employee’s employer for wrongful discharge based on public
policy. In Bickers v. W. & S. Life Ins. Co., 2007-Ohio-6751,
the Court held that recovery pursuant to the anti-retaliation provision
of Ohio’s workers’ compensation statute, R.C. 4123.90, is the exclusive
remedy for plaintiffs who allege wrongful termination while receiving
workers’ compensation benefits.
The decision distinguishes the court’s previous ruling in Coolidge v. Riversdale Local School Dist., 100 Ohio St. 3d 141, 2003-Ohio-5357. In Coolidge,
the Court held that a teacher who was terminated while receiving
workers’ compensation benefits could sue her employer based on a
violation of public policy. As a public school teacher, Coolidge was
not an at-will employee and could be terminated only with “good and just
cause” pursuant to R.C. 3319.16.
The Bickers decision limits the application of Coolidge to public policy claims brought by public school teachers, and others similarly situated. As noted by the Court, “the Coolidge court decided a very limited issue. Specifically, the Coolidge
court held that judicial inquiry is warranted into whether an employer
acted contrary to public policy when it discharged an employee when R.C.
3319.16 is implicated. *** Coolidge does not create a cause of
action for an at-will employee who is terminated for nonretaliatory
reasons while receiving workers’ compensation.”
Plaintiffs, seeking to evade the limitations period and more
limited remedies contained in the workers’ compensation statute, have
relied on Coolidge to allege a common law claim of wrongful
discharge against employers who terminate employees while they receive
workers’ compensation benefits. The Bickers decision eliminates
this cause of action with respect to at-will employees and allows only
claims brought by public school teachers and presumably others with
statutory employment protection.
While Bickers is a favorable decision for Ohio
employers, employers are cautioned to continue to comply with the
nonretaliation provision contained in Ohio’s workers compensation
statute.
*Stephen S. Zashin is an OSBA Certified
Specialist in Labor and Employment Law and has extensive experience in
all aspects of workplace law, including wrongful discharge litigation.
For more information about defending allegations of public policy
discrimination, please contact Stephen at 216.696.4441 or ssz@zrlaw.com.
