564 N.E.2d 738 | Ohio Ct. App. | 1989
The issue before us is whether an employee who has been disabled as a result of a work-related injury for more than six months may be discharged by his employer as a result of the employer's policy of discharging any employee who is medically disabled from working for more than six months. Plaintiffs-appellants, each of whom was discharged from his employment pursuant to such a policy, contend that their discharges violated the prohibition against retaliatory discharges contained in R.C.
We conclude that the plaintiffs' discharges violated neither R.C.
In July 1985, Dayton Walther announced that it would discharge any employee who was unable to work after six months of disability leave. Pursuant to that policy, plaintiffs were discharged. Plaintiffs brought this action seeking reinstatement, damages and other relief. Plaintiffs claimed in their complaint that their discharges violated the prohibition against retaliatory discharges set forth in R.C.
The claim that the plaintiffs' discharges violated R.C.
The trial court entered judgment in favor of Dayton Walther. From that judgment, plaintiffs appeal.
"The court below erred in its determination that the discharges of the seventeen plaintiffs all of whom were pursuing workers' compensation claims were not in violation of O.R.C. §
At the oral argument of this case, plaintiffs argued that the prior elimination of all employee benefits that would have accrued to their benefit as disabled employees leads to the irresistible inference that the only reason the maximum sick leave period was reduced, leading to their discharges, was because they had filed workers' compensation claims. Dayton Walther argued that the reduction in the maximum sick leave period and the elimination of various benefits were both put on the table at the same time, and for the same purpose — to reduce costs. Dayton Walther argued that the rationale for the reduction of the maximum sick leave was not reconsidered at the time that management decided to implement it, along with other proposals that had indirect economic impact.
It is clear that the reduced, maximum sick leave policy caused the discharge of three disabled employees who were not eligible for, and had not applied for, workers' compensation benefits. In view of that circumstance, we conclude that although the finder of fact might have drawn the inference that the purpose of the reduced, maximum sick leave policy was retaliatory, the finder of fact was not required to draw that inference.
Plaintiffs argue further that, even without the retaliatory inference they urge, to have discharged them because they were unable to work as a result of a work-related injury, for which they were entitled to receive workers' compensation benefits, violated R.C.
R.C.
"No employer shall discharge, demote, reassign, or take any punitive action against any employee because such employee filed a claim or instituted, pursued or testified in any proceedings under the workers' compensation act for an injury or occupational disease which occurred in the course of and arising out of his employment with that employer. * * *"
Essentially, plaintiffs argue that R.C.
We remain convinced that the statute does not prevent an employer from discharging an employee who is unable to perform his duties; it merely prevents an employer from discharging an employee because the employee pursues a workers' compensation claim. As long as it is the position of the employer that it makes no difference to the employer whether the employee chooses to pursue a workers' compensation claim, the employee will be discharged if he is unable to perform the work; the discharge cannot be said to be in retaliation for having pursued a workers' compensation claim. The employer's position is that, even if the employee chooses not to pursue a workers' compensation claim, if he cannot do the work, he cannot continue to be employed. This is consistent with Dayton Walther's having applied the same policy to employees who were disabled from working for reasons having nothing to do with work-related injuries, for periods of time greater than six months.
Plaintiffs cite three cases from other jurisdictions in support of their argument. The first of these, Griffin v. Eastman KodakCo., Inc. (1980),
Plaintiffs also cite Clifford v. Cactus Drilling Corp. (1981),
The final case cited by plaintiffs is Judson Steel Corp. v.Workers' Comp. Appeals Bd. (1978),
We conclude that until and unless the Ohio General Assembly decides to expand the scope of R.C.
The plaintiffs' first assignment of error is overruled.
"The court below erred in its determination that the discharges of the seventeen plaintiffs, all of whom were disabled at the time of discharge, were not unlawful as violative of the public policy of the state of Ohio."
Plaintiffs contend that Ohio policy favors disabled workers, and that it is contrary to that public policy to permit an employer to discharge an employee because he is unable to work as a result of a work-related injury.
As Dayton Walther points out in its brief, Ohio's policy with respect to discriminating against employees as a result of physical handicaps is expressed in R.C.
Plaintiffs' second assignment of error is overruled.
Judgment affirmed.
WILSON and GRADY, JJ., concur.