Alexander v. Cleveland Clinic Found.
2012 Ohio 1737
Ohio Ct. App.2012Background
- Alexander hired as a security guard by Clinic in 2002; promoted to CCPD officer in 2006.
- Sept. 9, 2009, incident: Alexander directed traffic, halted Hubach, and struck her car mirror; Hubach filed a complaint.
- Investigation revealed a prior August 2008 incident where Alexander yelled at a bus driver; Clinic cited him for policy violations.
- Alexander was suspended and ultimately terminated on Sept. 25, 2009; termination based on multiple policy infractions.
- Alexander sued for wrongful termination; trial court granted summary judgment for Clinic; case on remand for Dohme v. Eurand application; this opinion reverses and remands.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the public-policy claim meets the clarity element after Dohme | Alexander identified a clear public policy via R.C. 1702.80(D) | Clinic contends no clear public policy identified; no specific statutory source cited | Clarity element satisfied by citing R.C. 1702.80(D) in opposition brief |
| Whether the jeopardy element is satisfied for wrongful-discharge claim | Discharge would jeopardize public policy favoring enforcement of the law by police | Nontraditional hospital policing environment allows management to limit enforcement; no jeopardy | Jeopardy element satisfied; jury must determine causation and overriding justification |
| Whether summary judgment was proper given triable issues | Evidence raises triable issues on whether Alexander acted within public policy and whether Clinic lacked overriding justification | Clinic showed absence of public-policy violation; no triable issues | Summary judgment reversed; triable issues remain for trial |
Key Cases Cited
- Dohme v. Eurand, 130 Ohio St.3d 168 (2011-Ohio-4609) (requires specificity of the public-policy source for clarity element)
- Collins v. Rizkana, 73 Ohio St.3d 65 (1995-Ohio-135) (establishes elements of wrongful discharge public policy claim)
- Kulch v. Structural Fibers, Inc., 78 Ohio St.3d 134 (1997-Ohio-219) (causation/overriding-justification questions of fact)