Tag Archives: pretextual

Wyoming High Court Adopts “Substantial and Motivating Factor” Test to Judge Retaliatory Discharge Claim

Adopting the “substantial and motivating factor” test to determine if an employer’s decision to terminate a worker’s employment was retaliatory, the Supreme Court of Wyoming reversed a trial court order that granted a corporate defendant summary judgment in a retaliatory … Continue reading

Posted in Case comment | Tagged , , , , | Comments Off on Wyoming High Court Adopts “Substantial and Motivating Factor” Test to Judge Retaliatory Discharge Claim

Ohio Court Clarifies Elements of Retaliatory Discharge Action Against Former Employer

In Onderko v. Sierra Lobo, Inc., 2014 Ohio App. LEXIS 4015 (Sept. 19, 2014), an Ohio appellate court recently held that in order to state a claim for retaliatory discharge, the former employee need not prove, as the first of … Continue reading

Posted in Case comment | Tagged , , , , | Comments Off on Ohio Court Clarifies Elements of Retaliatory Discharge Action Against Former Employer

Ohio: Employer’s Failure to Call Employee Back to Work Was Due to Poor Economy, Not Retaliatory Motive for the Filing of a Comp Claim

An Ohio appellate court, in Lebron v. A&A Safety, Inc., 2012 Ohio 1637, 2012 Ohio App. LEXIS 1435 (Apr. 12, 2012), recently affirmed a trial court’s summary judgment order favoring a former employer in a civil action filed by a … Continue reading

Posted in Case comment | Tagged , , | Comments Off on Ohio: Employer’s Failure to Call Employee Back to Work Was Due to Poor Economy, Not Retaliatory Motive for the Filing of a Comp Claim