Alexander v. Cleveland Clinic Found.
2011 Ohio 2924
Ohio Ct. App.2011Background
- Alexander was hired as a security guard in 2002 and promoted to CCPD officer in 2006.
- On Sept. 9, 2009, Alexander allegedly stopped Hubach’s car with a hand signal, struck her car mirror, and she continued driving.
- Hubach filed a CCPD complaint; Alexander was suspended for three days after an internal affairs review.
- Investigation revealed a prior 2008 incident where Alexander yelled at a bus driver and received counseling; multiple policy violations were identified by the investigator.
- Kalavsky and Judge discussed options including EAP referral and possible suspension; Alexander was terminated on Sept. 25, 2009, following the investigation.
- Alexander filed suit for wrongful termination; the trial court granted summary judgment for Clinic, which this court reversed and remanded.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Admissibility of expert testimony on summary judgment | Alexander asserts the defense expert was unreliable/unduly qualified. | Clinic contends expert testimony is admissible and supports judgment. | Moot; issue deemed non-dispositive to the reversal. |
| Whether there is a triable issue of material fact on public-policy wrongful termination | Alexander argues discharge violated clear public policy and lacked overriding justification. | Clinic asserts termination was based on policy violations and not public policy. | Reversed and remanded; triable issue of fact exists. |
Key Cases Cited
- Grafton v. Ohio Edison Co., 77 Ohio St.3d 102 (Ohio 1996) (summary-judgment standard and de novo review)
- Zivich v. Mentor Soccer Club, Inc., 82 Ohio St.3d 367 (Ohio 1998) (materials for summary judgment; light most favorable to nonmoving party)
- Collins v. Rizkana, 73 Ohio St.3d 65 (Ohio 1995) (public policy wrongful discharge elements (clarity, jeopardy, causation, overriding justification))
- Kulch v. Structural Fibers, Inc., 78 Ohio St.3d 134 (Ohio 1997) (clarity/jeopardy vs. factual questions in public policy claims)
- Mers v. Dispatch Printing Co., 19 Ohio St.3d 100 (Ohio 1985) (at-will employee doctrine; exception for statutorily/public-policy violations)
- Harless v. Willis Day Warehousing Co., 54 Ohio St.2d 64 (Ohio 1978) (public policy/exception to at-will employment)