Sutton v. Tomco Machining
Sutton v. Tomco Machining, Inc.
129 Ohio St.3d 153, 2011-Ohio-2723
Facts of the Case: In this appeal, DeWayne Sutton, an employee of Tomco Machining, Inc. claimed that he injured his back on the job while disassembling a chop saw. Sutton alleged that he was fired within one hour of reporting the workplace injury to Tomco’s president, Jim Tomasiak. No reason was specified in the termination; however he was told the firing was not due to his work ethic or job performance or because he had broken any work rule or company policy.
In the hour between his injury and firing, Sutton had taken no action to initiate a workers’ compensation claim. Sutton believed Tomco fired him to avoid paying higher worker’s compensation premiums as a result of his worker’s compensation claim. On September 18, 2008 Sutton filed a lawsuit against Tomco Machining Inc., contending (1) a statutory claim for unlawful retaliation under R.C. 4123.90; and (2) a tort claim for wrongful discharge in violation of public policy. Each claim was granted motion, and Sutton appealed.
Issues: Should Ohio 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?
Decision: The Second District Court of Appeals affirmed judgment against Sutton on the statutory claim because R.C. 4123.90 requires that employees file, institute, or purse a workers’ compensation claim before being discharged, which Sutton failed to do. Consequently, the court established that the statute did not cover Sutton. The Second District Court of Appeals reversed judgment against Sutton on the tort claim for wrongful discharge in violation of public policy, deeming Sutton’s discharge as a violation of public policy as established in R.C. 4123.90. The issues of remedies for the
129 Ohio St.3d 153, 2011-Ohio-2723
Facts of the Case: In this appeal, DeWayne Sutton, an employee of Tomco Machining, Inc. claimed that he injured his back on the job while disassembling a chop saw. Sutton alleged that he was fired within one hour of reporting the workplace injury to Tomco’s president, Jim Tomasiak. No reason was specified in the termination; however he was told the firing was not due to his work ethic or job performance or because he had broken any work rule or company policy.
In the hour between his injury and firing, Sutton had taken no action to initiate a workers’ compensation claim. Sutton believed Tomco fired him to avoid paying higher worker’s compensation premiums as a result of his worker’s compensation claim. On September 18, 2008 Sutton filed a lawsuit against Tomco Machining Inc., contending (1) a statutory claim for unlawful retaliation under R.C. 4123.90; and (2) a tort claim for wrongful discharge in violation of public policy. Each claim was granted motion, and Sutton appealed.
Issues: Should Ohio 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?
Decision: The Second District Court of Appeals affirmed judgment against Sutton on the statutory claim because R.C. 4123.90 requires that employees file, institute, or purse a workers’ compensation claim before being discharged, which Sutton failed to do. Consequently, the court established that the statute did not cover Sutton. The Second District Court of Appeals reversed judgment against Sutton on the tort claim for wrongful discharge in violation of public policy, deeming Sutton’s discharge as a violation of public policy as established in R.C. 4123.90. The issues of remedies for the