Earlier this week, a divided Franklin County Court of
Appeals reversed the 12(B)(6) dismissal of a declaratory judgment action
seeking a determination about whether an unclassified civil service employee
had been fired for cause. Harris
v. Dept. of Veterans Servs., 2018-Ohio-2165. The employee alleged at the SPBR that he had
been fired in retaliation for making a whistleblower complaint. He then withdrew that that charge and filed a
mandamus action and declaratory judgment action seeking his fall-back right to
a classified civil service position he held four years earlier. The court’s majority refused to rule on the
mandamus claim because it was premature in that he could only seek fall-back
rights if he had been fired without cause and his termination notice notified
him that he was fired for cause.
However, the court’s majority found that the trial court had abused its
discretion in dismissing the declaratory judgment action because he was
entitled to a determination of whether or not his termination had been with or
without cause. The dissent observed that
his whistleblower claim was subject to the jurisdiction of the SPBR and, thus,
he was required to have brought such a claim before the SPBR instead of in
court.
NOTICE: This
summary is designed merely to inform and alert you of recent legal
developments. It does not constitute legal advice and does not apply to any particular
situation because different facts could lead to different results. Information
here can be changed or amended without notice. Readers should not act upon
this information without legal advice. If you have any questions about anything
you have read, you should consult with or retain an employment attorney.
