Tag Archives: Ohio Supreme Court

Ohio Employer Intentional Tort – Employer Intent Required

In an opinion released today, the Ohio Supreme Court upheld its prior interpretation of Ohio Revised Code §2745.01(A), the employer intentional tort statute.  Houdek v. ThyssenKrupp Materials N.A., Inc., Slip Opinion No. 2012-Ohio-5685 [pdf].  The statute currently requires that an employee must show that the employer committed a tortious act with intent to injure or … Continue Reading

The Ohio Supreme Court Reinstates Ability To Automatically Transfer Employee Noncompete Agreements in a Merger

The Supreme Court of Ohio reconsidered and reversed in part its May 24, 2012 decision, Acordia of Ohio L.L.C. v. Fishel (Acordia I) [pdf], that a surviving company in a merger may not be able to enforce employees’ noncompete agreements if the agreements failed to contain an assignment clause. The Court issued a partial correction of … Continue Reading

Workers’ Compensation Retaliation: Ohio Recognizes Exception To The 90 Day Notice Requirement

Under Ohio Revised Code §4123.90, a former employee must provide written notice of a potential workers’ compensation retaliation claim against his former employer within 90 days of the discharge.  However, a recent decision by the Ohio Supreme Court, Lawrence v. Youngstown [pdf], provides a narrow exception to this rule and allows former employees to provide … Continue Reading