I'm quoted in an article in Business Insurance Magazine on the Greer-Burger vs. Temesi Ohio Supreme Court retaliation decision:
Jonathan T. Hyman, an employer attorney with Kohrman Jackson & Krantz P.L.L. in Cleveland, said the decision was correct.
The court “was basically balancing employees’ right against retaliation against anybody’s right under the First Amendment of the Constitution to petition the court and file a lawsuit,” said Mr. Hyman, who was not involved the case. “When you’re balancing degrees of importance, the Constitution is going to, and should, trump” the employee’s right against retaliation.
He added, though, that employers should “think long and hard” before filing such suits against employees. The employee’s attorney would likely allege that such a suit is retaliatory, he said.
Employers “face an uphill battle in the courtroom anyway” because those who serve on juries are more likely to be employees than employers, said Mr. Hyman.
To read the full article, click here.