Shingler v. Provider Services Holdings, L.L.C., 2018 Ohio 2740

Cindy Shingler was Director of Nursing at Lafayette (employed 2008–Aug. 8, 2012); she reported that an unlicensed employee performed nursing tasks to her supervisor and then to the Ohio Board of Nursing.
After internal meetings and being placed on administrative leave, Shingler was required to sign a separation agreement on Aug. 8, 2012.
Shingler filed suit (refiled in 2016) alleging wrongful discharge in violation of public policy for retaliation based on reports of unlicensed practice under R.C. Chapter 4723.
Defendants moved (answer + Civ.R. 12(C) motion) to dismiss, arguing statutory whistleblower remedies (R.C. 4723.33, 4723.341 incorporating R.C. 4113.52–.53) provide adequate relief and Shingler failed to satisfy those statutory requirements (e.g., written report requirement).
The trial court dismissed with prejudice; the appellate court affirmed, holding that statutory remedies were available and Shingler’s failure to comply with the whistleblower statute meant the common-law Greeley claim failed the “jeopardy” element.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Shingler can pursue a common‑law wrongful discharge (Greeley) claim based on reporting violations of the Nurse Practice Act when she did not comply with R.C. 4113.52 reporting formalities	Shingler: because she did not file the written report required by R.C. 4113.52, she lacks an adequate statutory remedy and therefore may bring a common‑law wrongful discharge claim	Defendants: R.C. 4723.33 and 4723.341 incorporate R.C. 4113.52 rights/duties and provide adequate remedies; failure to comply with those statutory duties forecloses both statutory and common‑law claims	Court: Affirmed dismissal — statutory scheme provides adequate remedy; failure to comply with R.C. 4113.52 means the jeopardy element of a Greeley claim is not satisfied
Whether defendants waived the failure‑to‑state‑a‑claim defense by earlier motions/agreements	Shingler: defendants waived this defense by not raising it earlier and by joint scheduling language disallowing dispositive motions	Defendants: Civ.R. 12(H) allows failure‑to‑state to be raised in answer, motion for judgment on the pleadings, or at trial; they preserved the defense	Court: No waiver — defendants timely raised the defense in answer and by leave filed a 12(C) motion

Greeley v. Miami Valley Maint. Contrs., 49 Ohio St.3d 228 (recognition of wrongful‑discharge tort where termination contravenes clear public policy)
Wiles v. Medina Auto Parts, 96 Ohio St.3d 240 (statutory remedies can preclude recognition of common‑law wrongful‑discharge claims)
Leininger v. Pioneer Natl. Latex, 115 Ohio St.3d 311 (statute with adequate remedial scheme defeats Greeley jeopardy element)
Davidson v. B.P. Am., 125 Ohio App.3d 643 (failure to comply with whistleblower statute bars common‑law wrongful‑discharge claim based on same statutory policy)
Kulch v. Structural Fibers, 78 Ohio St.3d 134 (an employee may pursue statutory or common‑law wrongful‑discharge remedies, but not double recovery)
Dohme v. Eurand Am. Inc., 130 Ohio St.3d 168 (employment‑at‑will baseline and exceptions for public‑policy wrongful discharge)
Collins v. Rizkana, 73 Ohio St.3d 65 (elements of a wrongful‑discharge claim)