2023 Ohio 666
Ohio Ct. App.2023Background
- Brandie Dudley worked for Siler Excavation beginning December 2020 and handled HR/payroll duties.
- In August 2021 coworker Blake tested positive for COVID-19; Dudley told him to quarantine for 10 days per CDC guidance.
- Owner Mike Siler told Blake to return; Dudley told Siler Blake should remain off work per CDC guidance and was then terminated after a confrontation.
- Dudley sued for wrongful termination under the public-policy exception to at-will employment, alleging she was fired for enforcing workplace-safety policy.
- The trial court granted defendant’s Civ.R. 12(B)(6) motion, finding Dudley failed the clarity element; this appeal followed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Dudley pleaded a wrongful-termination claim under Ohio public-policy exception (clarity element) | Dudley: federal OSHA, Ohio statutes, and state/CDC guidance manifest a clear public policy requiring COVID-positive employees to isolate, and she acted to enforce it | Siler: cited authorities are general or nonbinding guidance; COVID-19 is a general public-health risk, not an occupation-specific OSHA hazard; employer discretion governs workplace COVID protocols | Court affirmed dismissal: Dudley failed the clarity element because cited statutes/guidance do not articulate a specific, binding workplace-safety policy applicable here; COVID-19 is a hazard of daily life, not an occupational-specific hazard |
Key Cases Cited
- Dohme v. Eurand Am., Inc., 130 Ohio St.3d 168 (2011) (plaintiff must identify specific legal source showing a clear workplace-safety public policy; general references insufficient)
- Pytlinski v. Brocar Prods., Inc., 94 Ohio St.3d 77 (2002) (workplace-safety public-policy claims in prior cases were tied to alleged OSHA violations)
- Kulch v. Structural Fibers, Inc., 78 Ohio St.3d 134 (1997) (plurality discussing workplace-safety public-policy claims tied to OSHA enforcement)
- Nat'l Fed'n of Indep. Bus. v. DOL, OSHA, 142 S. Ct. 661 (2021) (distinguishes occupational risks from general public-health risks; OSHA regulates occupation-specific hazards)
- Collins v. Rizkana, 73 Ohio St.3d 65 (1995) (clarity and jeopardy elements are legal questions; causation and justification are factual)