193 F. Supp. 3d 850
N.D. Ohio2016Background
- Plaintiff worked for Exal beginning April 2013 and left work early on January 29, 2015 due to illness; later that night he was arrested for drug possession.
- Plaintiff called off work the next day; Exal HR manager Nancy Spencer told him not to come the following day as well.
- Upon returning, Plaintiff failed a workplace drug test; Exal suspended him for ten days and required drug assessment/treatment.
- After completing recommended programs, Plaintiff reported he was ready to return; Spencer then terminated him for alleged dishonesty about January 29, 2015.
- Plaintiff sued Exal and Spencer asserting FMLA retaliation, disability discrimination/ wrongful discharge, and intentional infliction of emotional distress (IIED).
- Defendants moved to dismiss only the IIED claim under Fed. R. Civ. P. 12(b)(6); the court granted the motion, holding the complaint failed to plead "extreme and outrageous" conduct required under Ohio law.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the complaint plausibly alleges "extreme and outrageous" conduct to state an IIED claim under Ohio law | Plaintiff contends the complaint gives fair notice of IIED and alleges conduct so extreme it was beyond bounds of decency | Defendants argue the alleged facts (leave, arrest, testing, suspension, termination) are ordinary employment actions and not extreme or outrageous as a matter of law | Court: Dismissed IIED claim for failure to plead conduct "extreme and outrageous"; termination and related employment actions alone are insufficient without "something more" |
Key Cases Cited
- Bell Atl. Corp. v. Twombly, 550 U.S. 544 (plausibility standard for complaints)
- Ashcroft v. Iqbal, 556 U.S. 662 (pleading standards; conclusory recitations insufficient)
- Ass’n of Cleveland Fire Fighters v. City of Cleveland, Ohio, 502 F.3d 545 (discussing Twombly/Iqbal in Sixth Circuit)
- Yeager v. Local Union 20, Teamsters, Chauffeurs, Warehousemen & Helpers of Am., 6 Ohio St.3d 369 (Ohio standard for "extreme and outrageous" conduct)
- Jackson v. City of Columbus, 194 F.3d 737 (employer-employee actions insufficient for IIED)
- Talley v. Family Dollar Stores of Ohio, Inc., 542 F.3d 1099 (supervisory mistreatment and employment decisions not extreme or outrageous)
- Godfredson v. Hess & Clark, Inc., 173 F.3d 365 (termination based on discrimination does not alone support IIED)
- Long v. Ford Motor Co., 193 Fed.Appx. 497 (discussion of Ohio IIED elements)