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[Cite as Meyer v. United Parcel Serv., Inc., 122 Ohio St.3d 104, 2009-Ohio-2463.] - page 13 / 23





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January Term, 2009

misreading of Leininger based on a failure to appreciate the specific context of Leininger’s analysis.

{¶ 34} In Leininger, we examined the statutory remedies available under R.C. Chapter 4112 in order to determine whether the jeopardy element, a prerequisite for recognizing a common-law public-policy claim for wrongful discharge, was met for a claim based on age discrimination. See Painter v. Graley (1994), 70 Ohio St.3d 377, 384, 639 N.E.2d 51, fn. 8; Collins v. Rizkana (1995), 73 Ohio St.3d 65, 69-70, 652 N.E.2d 653; Wiles v. Medina Auto Parts, 96 Ohio St.3d 240, 2002-Ohio-3994, 773 N.E.2d 526, ¶ 15. The focus of our inquiry was whether the statutory remedies for employment-related age discrimination “adequately protect society’s interest by discouraging the wrongful conduct” and thus render a public-policy wrongful-discharge claim unnecessary. Leininger, 115 Ohio St.3d 311, 2007-Ohio-4921, 875 N.E.2d 36, ¶ 27.

{¶ 35} In deciding that question, we first discussed the remedy provisions of R.C. 4112.02(N), 4112.05(G), 4112.14(B), and 4112.99. Id. at ¶ 29-30. We then stated that “Leininger maintains that we should consider only the remedies in R.C. 4112.14 because it is a more specific statute regarding age discrimination that prevails over the more general provisions of R.C. 4112.02 and 4112.99.” Id. at ¶ 31.

{¶ 36} At this point in the opinion, we remarked in a footnote: “Although R.C. 4112.14 was the only statutory claim available to Leininger at the time she filed her complaint due to the expiration of the statute of limitations for claims

under R.C. examination determining

4112.02 and 4112.05, this fact does not justify limiting our

of the whether

available remedies a common-law tort

under the chapter as a whole. claim for wrongful discharge based

In on

Ohio’s public look at all the at ¶ 31, fn. 4.

policy against age discrimination should be remedies available to a plaintiff at the time

recognized, we need to the claim accrued.” Id.


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