162 Ohio App. 3d 270 | Ohio Ct. App. | 2005
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *272 {¶ 1} Appleton Papers, Inc. ("Appleton") appeals from an order of the Montgomery County Court of Common Pleas, which denied its motion for judgment on the pleadings, pursuant to Civ.R. 12(C). Appleton had argued that Diane L. Schramm had waived her claims against Appleton, her former employer, when she signed a separation agreement with the company.
{¶ 2} According to Schramm's complaint, Schramm was employed by Appleton at its Alex-Bell plant location as a Central Maintenance Supervisor. On October 30, 2001, while climbing up the side of the power-house building at the plant, Schramm slipped on some flashing and fell onto the plant roof. As a result, she cut her hand and injured her right wrist, which aggravated a cyst located in her wrist. Schramm filed a claim for workers' compensation benefits. Thereafter, Appleton allegedly ignored her work restrictions, increased her workload beyond her physical ability to perform, and gave her an unfavorable work-performance evaluation. On November 8, 2002, Appleton discharged her.
{¶ 3} On May 7, 2003, Schramm filed suit in the Montgomery County Court of Common Pleas, alleging that Appleton had retaliated against her, in violation of R.C.
{¶ 4} Appleton answered the complaint, denying the retaliation and wrongful discharge. Among its defenses, it claimed that Schramm's claims were barred by a separation agreement, which was executed on November 8, 2002. Under that agreement, Appleton agreed to pay $46,324.44 — which is an amount equal to 36 weeks of Schramm's base salary — and the same portion of any medical and dental premiums that Appleton had paid during Schramm's employment, through July 17, 2003. In exchange, Schramm released and waived her claims against Appleton, as set forth in paragraph three of the agreement, which provided:
{¶ 5} "A. Release and Waiver. In exchange for the Conditional Benefits, Ms. Schramm irrevocably and unconditionally releases and fully and forever discharges the Released Parties (defined below) from any and all claims, liabilities, obligations, covenants, rights, demands and damages of any nature whatsoever arising out of or relating in any way to her employment; the termination of her employment; or any act, omission, occurrence, transaction, or matter relating to her employment up to and including the date of this Agreement.
{¶ 6} "Ms. Schramm understands and agrees that this release and waiver shall cover, but not be limited to, claims for severance, employee benefits, medical or other leave, breach of express or implied employment or other contract, wrongful discharge, detrimental reliance, impairment of economic opportunity, employment discrimination, attorneys fees, prevailing party fees, or any other theory of recovery or claim, whether legal or equitable, related to her employment or her separation from employment.
{¶ 7} "Ms. Schramm releases the Released Parties from and waives the right to pursue all such claims[,] liabilities, obligations, covenants, rights, demands and damages whether they are currently known or unknown, anticipated or unanticipated by Ms. Schramm.
{¶ 8} "Ms. Schramm understands that there are various state, federal and local laws that govern the employment relationship and that prohibit employment discrimination on the basis of age, sex, race, color, national origin, religion, disability, handicap, veteran status and other protected categories. Ms. Schramm further understands that such laws are enforced through the Wisconsin Equal Rights Division, Department of Workforce Development; the Equal Employment Opportunity Commission; the U.S. Department of Labor, other state and federal agencies and state and federal courts. Notwithstanding any rights she may have under these laws, Ms. Schramm releases and forever discharges the Released Parties from all claims and demands whatsoever, in law or equity, including but not limited to, claims or demands under or affected by [the various federal and state statutes listed]. * * * *274
{¶ 9} "Ms. Schramm understands and agrees that the Conditional Benefits provided in exchange for this release and waiver are greater, in their totality, than any other benefits due her absent her participation in this Agreement."
{¶ 10} Schramm does not dispute that she signed this agreement.
{¶ 11} In addition to asserting that Schramm's claims were precluded by the separation agreement, Appleton filed a counterclaim, alleging that Schramm had breached the separation agreement by filing the action and that she has been unjustly enriched.
{¶ 12} On September 22, 2003, Appleton filed a motion for judgment on the pleadings on all of Schramm's claims, arguing that they were barred by a valid release. On the same basis, the company also sought judgment in its favor on its counterclaim. On March 26, 2004, the trial court overruled the motion, concluding that Schramm could not waive her rights under R.C.
{¶ 13} We have previously dismissed an earlier appeal in this matter, concluding that we lacked jurisdiction to hear the appeal because Appleton's counterclaim had not actually been dismissed by the trial court. See Schramm v. Appleton Papers, Inc., etal. (Dec. 14, 2004), Montgomery App. No. 20594. Thereafter, the trial court dismissed Appleton's counterclaim. Appleton has appealed again, and the parties have agreed to rely on the briefs filed and arguments made in the previous appeal.
{¶ 14} Appleton raises one assignment of error on appeal.
{¶ 15} "The trial court erred as a matter of law when it denied appellant Appleton Paper's motion for judgment on the pleadings. [March 26, 2004 decision, order and entry sustaining (sic) defendant's motion for judgment on the pleadings]."
{¶ 16} In its sole assignment of error, Appleton asserts that the trial court erred in concluding that R.C.
{¶ 17} Schramm responds that R.C.
{¶ 18} We reject Schramm's contention that her R.C.
{¶ 19} In addition, we find no basis for Schramm's assertion that the release is void, pursuant to R.C.
{¶ 20} Accordingly, assuming that paragraph three of the separation agreement is a valid waiver and release, Schramm's R.C.
{¶ 21} Section
{¶ 22} R.C.
{¶ 23} "(A) An employee who is blind may waive the compensation that may become due him for injury or disability in cases where the injury or disability may be directly caused by or due to his blindness. The administrator of workers' compensation, with the advice and consent of the workers' compensation oversight commission may adopt and enforce rules governing the employment of such persons and the inspection of their places of employment.
{¶ 24} "(B) An employee may waive his rights to compensation or benefits as authorized pursuant to division (C)(3) of section
{¶ 25} "No agreement by an employee to pay any portion of the premium paid by his employer into the state insurance fund is valid."
{¶ 26} R.C.
{¶ 27} "No employer shall discharge, demote, reassign, or take any punitive action against any employee because the employee filed a claim or instituted, pursued or testified in any proceedings under the workers' compensation act for *277
an injury or occupational disease which occurred in the course of and arising out of his employment with that employer. Any such employee may file an action in the common pleas court of the county of such employment in which the relief which may be granted shall be limited to reinstatement with back pay, if the action is based upon discharge, or an award for wages lost if based upon demotion, reassignment, or punitive action taken, offset by earnings subsequent to discharge, demotion, reassignment, or punitive action taken, and payments received pursuant to section
{¶ 28} An aggrieved employee may also pursue a wrongful-discharge claim based on a violation of the public policy set forth in R.C.
{¶ 29} Schramm's statutory claim under R.C.
{¶ 30} "While a statutory retaliation claim under R.C.
{¶ 31} "Moreover, the remedies under the two claims differ. A common-law wrongful-discharge action based on a violation of public policy established in the workers' compensation statutes allows a full range of remedies, including full monetary recovery, that are not available under the limited remedy provided in a statutory claim brought under R.C.
{¶ 32} Turning to the case before us, we have little difficulty concluding that an employee may waive a claim of wrongful discharge in violation of the public policy set forth in R.C.
{¶ 33} We likewise hold that Schramm waived her statutory claim under R.C.
{¶ 34} For example, R.C.
{¶ 35} Moreover, we find little reason to conflate the settlement of a workers' compensation claim with the settlement of a R.C.
{¶ 36} Unlike a workers' compensation claim, a claim under R.C.
{¶ 37} Finally, we agree with Appleton that the purpose of R.C.
{¶ 38} Accordingly, the trial court erred when it concluded that Schramm's waiver of her claims under R.C.
{¶ 39} The assignment of error is sustained.
{¶ 40} The judgment of the trial court will be reversed and the action remanded to the trial court for further proceedings.
Judgment reversed and cause remanded.
GRADY and YOUNG, JJ., concur.
FREDERICK N. YOUNG, J., sitting by assignment of the Chief Justice of the Supreme Court of Ohio.