Onderko v. Sierra Lobo, Inc.Annotate this Case
After Michael Onderko was terminated from Sierra Lobo, Inc. for his “deceptive” attempt to obtain workers’ compensation benefits for a “non-work-related injury,” Onderko filed a complaint against Sierra Lobo, alleging retaliatory discharge. The trial court granted summary judgment in favor of Sierra Lobo on the grounds that Onderko failed to prove that his injury occurred at the workplace. The court of appeals reversed, holding that a workplace injury is not a required element of a retaliatory discharge claim under Ohio Rev. Code 4123.90. The Supreme Court affirmed, holding (1) establishing a prima facie case of retaliatory discharge under section 4123.90 does not require a showing that the plaintiff suffered a workplace injury; and (2) failure to appeal the denial of a workers’ compensation claim does not foreclose a claim for retaliatory discharge under section 4123.90.