2024 Ohio 3114
Ohio Ct. App.2024Background
- Jonathan Gurary, a nontenured faculty member at John Carroll University (JCU), had a written employment contract for the 2020-2021 academic year with a set salary of $71,000.
- During the COVID-19 pandemic, JCU implemented a tiered, across-the-board temporary salary reduction, resulting in Gurary’s salary being reduced by 7% without a written contract modification.
- Gurary later received two “retention bonus” payments totaling the amount deducted, but these were paid after the contract year and were conditioned in part on continued employment.
- Gurary filed suit (pro se) for breach of contract, promissory estoppel, and fraud, seeking unpaid salary, liquidated damages, and punitive damages.
- The trial court granted JCU summary judgment on all claims, reasoning the bonuses made Gurary whole and that as a nontenured faculty member, he was subject to salary adjustments at JCU’s discretion.
- On appeal, Gurary argued errors in discovery rulings, consideration of his affidavit, and the merits of the contract and tort claims.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Discovery Rulings | Prejudiced by incomplete discovery before SJ | No formal Civ.R. 56(F) request made | No error—no Civ.R. 56(F) motion was filed |
| Consideration of Affidavit | Affidavit and exhibits properly submitted, prejudiced | Affidavit not signed or notarized | No error; not a valid affidavit under Civ.R. 56 |
| Breach of Contract | JCU unilaterally reduced agreed salary; bonuses don't cure breach or delay | Handbook did not limit pay cuts for nontenured, bonuses made him whole | Error—handbook did not allow cut, bonuses not compensation per contract; remanded |
| Promissory Estoppel | Relied on salary promise, forwent other employment | Express contract displaces estoppel claim | JCU entitled to SJ; contract precludes estoppel |
| Fraud | JCU misrepresented financial need and scope of cuts | No evidence of knowingly false statement | JCU entitled to SJ; no evidence of fraud |
| Liquidated Damages | Entitled under Ohio wage statute due to payment delay | Not addressed | Remanded to address liquidated damages |
Key Cases Cited
- Grafton v. Ohio Edison Co., 77 Ohio St.3d 102 (Ohio 1996) (de novo summary judgment review standard)
- Dresher v. Burt, 75 Ohio St.3d 280 (Ohio 1996) (burdens in summary judgment motions)
- Cohen v. Lamko, Inc., 10 Ohio St.3d 167 (Ohio 1984) (fraud elements in Ohio law)
- FedEx Corp. Servs. v. Brandes Internatl. Co., 2020-Ohio-3449 (breach of contract elements)
- Osborn Engineering Co. v. K/B Fund IV Cleveland, L.L.C., 2011-Ohio-348 (breach of contract elements)