common-law wrongful discharge claim in Ohio

2014When analyzing the jeopardy element, a court must inquire “into the existence of any alternative means of promoting the particular public policy to be vindicated by a common-law wrongful-discharge claim.” Wiles v. Medina Auto Parts, 96 Ohio St.3d 240, 244 , 2002-Ohio-3994 , 773 N.E.2d 526 .

2013In discussing multiple-source public policies, Justice Morrow County, Case No. 12CA0017 10 Lanzinger in Leininger at ¶ 26 noted the court's decision in Wiles v. Medina Auto Parts, 96 Ohio St.3d 240 , 773 N.E.2d 526 , 2002-Ohio-3994 , ¶ 15: {¶36} “'We noted that ‘[a]n analysis of the jeopardy element necessarily involves inquiring into the existence of any alternative means of promoting the particular public policy to be vindicated by a common-law wrongful-discharge claim.* * *Simply put, there is no need to recognize a common-law action for wrongful discharge if there already exists a statutor

2018The public policy expressed in a statute is not jeopardized by the absence of a wrongful termination action when the aggrieved employee "has an alternate means of vindicating his or her statutory rights [,] [ ] thereby discouraging an employer from engaging in the unlawful conduct." Id. " Wiles made clear that the method to determine whether a plaintiff can file statutory and public policy causes of action involves reviewing the adequacy of the remedy, not ensuring the aggrieved party receives the greatest recovery." Coon , 2005-Ohio-4080 , 2005 WL 1875811 , at ¶ 23, citing Wiles at 248, 2002-

2007In Lewis v. Fairview Hosp ., 156 Ohio App.3d 387 , 2004-Ohio-1108 , 806 N.E.2d 185 , we relied on Wiles in analyzing the jeopardy element, stating that the trial court should look to any alternative means of *Page 13 promoting the particular public policy to be vindicated by a common-law wrongful discharge claim.

2007In Lewis v. Fairview Hosp ., 156 Ohio App.3d 387 , 2004-Ohio-1108 , 806 N.E.2d 185 , we relied on Wiles in analyzing the jeopardy element, stating that the trial court should look to any alternative means of *Page 13 promoting the particular public policy to be vindicated by a common-law wrongful discharge claim.

2007Furthermore, in Stricharczuk v. Ohio Motorists Assn ., Cuyahoga App. No. 85169, 2005-Ohio-2835 , this court cited Lewis and Wiles for the proposition that the plaintiff must establish the jeopardy element in order to state a wrongful termination public policy claim. {¶ 30} Moreover, under the doctrine of stare decisis we are required to adhere to the rule adopted and applied in our prior decisions.

2005A plaintiff may pursue a common-law wrongful-discharge claim for violation of public policy expressed in R.C. 4123.90 in addition to or in lieu of *278 pursuing a statutory retaliation claim directly under R.C. 4128.90.” Sidenstricker, 158 Ohio App.3d at 363 , 815 N.E.2d 736 . {¶ 32} Turning to the case before us, we have little difficulty concluding that an employee may waive a claim of wrongful discharge in violation of the public policy set forth in R.C. 4123.90 and that Schramm has, in fact, waived that claim.

2005A plaintiff may pursue a common-law wrongful-discharge claim for violation of public policy expressed in R.C. 4123.90 in addition to or in lieu of *278 pursuing a statutory retaliation claim directly under R.C. 4128.90.” Sidenstricker, 158 Ohio App.3d at 363 , 815 N.E.2d 736 . {¶ 32} Turning to the case before us, we have little difficulty concluding that an employee may waive a claim of wrongful discharge in violation of the public policy set forth in R.C. 4123.90 and that Schramm has, in fact, waived that claim.

2001Id. at 161 , 727 N.E.2d at 145 .

2001Id. at 161 , 727 N.E.2d at 145 .