2005 Ohio 4425 | Ohio Ct. App. | 2005
{¶ 2} Plaintiff-appellant Sarah Butler ("Butler") appeals from the trial court's decision that granted defendant-appellee The Cleveland Christian Home's ("Cleveland Christian Home") motion to dismiss the complaint for retaliation and wrongful discharge in violation of public policy. The Cleveland Christian Home argued that Butler's claims were untimely and failed to state a claim upon which relief could be granted. For the reasons that follow, we affirm.
{¶ 3} Butler commenced this action on December 15, 2004, alleging her termination was in violation of R.C.
{¶ 4} "I. The trial court erred in dismissing plaintiff's complaint.
{¶ 5} "A. Plaintiff's statutory claim is not barred by the applicable statute of limitations."
{¶ 6} Butler argues that the statute of limitations contained in R.C.
{¶ 7} O'Rourke v. Collingwood Health Care, Inc. (April 15, 1988), Lucas App. No. L-87-345, relied on by Butler, is not applicable. InO'Rourke, the effective date of termination post-dated the notice of termination by three days.2 O'Rourke commenced the action within 180 days of the effective date of termination.
{¶ 8} Here, the effective date of Butler's termination was June 17, 2005; coincidentally the same date that appears on her termination letter. Butler did not commence this action within the 180-day statute of limitations.
{¶ 9} "B. Plaintiff's claim for wrongful discharge in violation of public policy states a claim upon which relief may be granted."
{¶ 10} Butler's wrongful discharge claim is based on the public policy set forth in Ohio's workers' compensation statutes, specifically, the prohibition against discriminating against employees who file workers' compensation claims. Assuming, without deciding, that Butler could maintain a common-law cause of action on this basis, she may do so only if she satisfied all applicable statutory requirements, including the 180-day statute of limitations. Kulch v. Structural Fibers, Inc. (1997),
{¶ 11} Butler's sole assignment of error is overruled.
Judgment affirmed.
It is ordered that appellee recover of appellant its costs herein taxed.
The Court finds there were reasonable grounds for this appeal.
It is ordered that a special mandate issue out of this Court directing the Court of Common Pleas to carry this judgment into execution.
A certified copy of this entry shall constitute the mandate pursuant to Rule 27 of the Rules of Appellate Procedure.
Kilbane, J., and McMonagle, J., concur.