Ohio amends its employment laws to limit joint employment for franchisors
As the debate over the meaning of "joint employer" continues to rage at both the NLRB and in the federal courts , Ohio has jumped...
Topic: workers' comp
Ohio Supreme Court sides with workers’ comp fraud
By Jon Hyman
Ohio has a specific statute that protects injured workers from retaliation after filing a workers’ compensation claim. O.R.C. 4123.90 stat...
When COBRA and workers’ comp collide
By Jon Hyman
Every now and again I get a question from a client to which I don’t know the answer, or the answer surprises me. It doesn’t happen that of...
Video killed the lawsuit star
By Jon Hyman
If a picture tells a thousand words, then how many does a video tell? Last week, the 6th Circuit affirmed the dismissal of a retaliation cla...
The “duck” test for independent contractors
By Jon Hyman
Earlier this week, FedEx announced that it would pay an astounding $228 million to settle claims that it had misclassified drivers as indep...
Psych. Claims: Not the Dead Bang Loser You May Think
By Jon Hyman
One of the benefits of my new firm is that it exposes me to new practice areas. Case-in-point, workers’ comp, which I could not previously o...
Ohio Supreme Court all but eliminates the intentional tort exception to workers’ comp claims
By Jon Hyman
The history of the workplace intentional tort as an exception to the state workers’ compensation system has a long and tortured history in ...
Firing an employee? Tell them! (don’t Milton the termination)
By Jon Hyman
Office Space is one of the great movies about the modern workplace. One of its key plot lines involves sad sack employee Milton Waddams, wh...
Dealing drugs disqualifies an employee from collecting workers’ comp
By Jon Hyman
Ever heard of the phrase “sustained remunerative employment?” In the world of workers’ compensation, it means that if you are earning money,...
Ohio Supreme Court to consider statute of limitations in workers comp retaliation cases
By Jon Hyman
Ohio Revised Code section 4123.90 prohibits employers from taking any adverse action against an employee who files a claim, or institutes, ...
Ohio recognizes public policy tort for workers compensation retaliation in limited circumstances
By Jon Hyman
Ohio has a specific statute against workers’ compensation retaliation— R.C. 4123.90 . It prohibits an employer from retaliating against an e...
Employers need to beware retaliation landmines
By Jon Hyman
In Baker v. Windsor Republic Doors (6th Cir. 3/8/11) , the plaintiff claimed that his employer retaliated against him in violation of the A...
Ohio Supreme Court (finally) upholds the constitutionality of a workplace intentional tort statute
By Jon Hyman
In two anticipated opinions, the Ohio Supreme Court has finally found an intentional tort statute that passes muster under Ohio’s constituti...
Refusal to take drug test bar workers’ comp retaliation claim
By Jon Hyman
Many companies require employees to submit to drug tests after suffering a workplace injury. The rationale is simple – intoxication is one o...
Workers' comp retaliation case shows importance of careful documentation
By Jon Hyman
If you don't want it read by your spouse, seen by your boss, considered by a jury, or splashed on the front page of the newspaper, do no...
Just say no -- Dealing crack is gainful employment, according to the Ohio Supreme Court
By Jon Hyman
Every once in a while you come across a case that just makes you shake your head in disbelief. State ex re. Lynch v. Indus. Comm. is such a...