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[Cite as Meyer v. United Parcel Serv., Inc., 122 Ohio St.3d 104, 2009-Ohio-2463.] - page 2 / 23





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discharge cause of action for age discrimination described in R.C. 4112.14(B) and the remedies available under R.C. 4112.01 to 4112.11 are not available when the “discharge has been arbitrated and has been found to be for just cause.” For the

reasons that follow, we conclude age-discrimination claim in the reverse the judgment of the court

that R.C. 4112.14(C) does apply to circumstances of this case. We of appeals on the issue we review.

bar Meyer’s accordingly

I. Facts and Procedural History {¶ 2} UPS terminated Meyer’s employment as a package-delivery driver on December 1, 2003. At the time of his discharge, Meyer was 48 years old and

had worked for UPS for employment two previous occasions, Meyer had filed suspension without pay, and

about 25 years. times in 2003.

UPS had terminated But on both of those

Meyer’s previous

a grievance, his discipline had been reduced to a he had returned to work after serving his suspension.

However, Meyer’s grievance over his discharge was upheld by UPS’s “Ohio

December Joint State

1 discharge was denied, and his Committee” in January 2004.

{¶ 3} Meyer filed a complaint in the Hamilton County Court of Common Pleas on May 7, 2004, alleging that he had been wrongfully terminated in retaliation for filing several workers’ compensation claims. Meyer raised two claims in his initial complaint going to the alleged retaliatory discharge: that UPS had violated R.C. 4123.901 and had violated Ohio’s public policy against terminating him for filing the workers’ compensation claims. On September 10, 2004, the trial court denied UPS’s motion to dismiss the R.C. 4123.90 claim, but it granted the motion as to the public-policy retaliatory-discharge claim.

4} In July



2005, In the

the trial court granted Meyer amended complaint, he added

leave to a claim

file an of age

1. R.C. 4123.90 provides, employee filed a claim * * occurred in the course of and

“No employer shall discharge * * * any employee

  • *

    under the workers’ compensation act for an injury

arising out of his employment with that employer.”

because the

  • *

    * * which


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