H.B. 170

128th General Assembly

(As Introduced)

 

Reps.     Murray, Okey, Foley, Domenick, Yuko, Skindell, Boyd, Pillich

BILL SUMMARY

·         Prohibits an employer from discharging without just cause, refusing to hire, or otherwise discriminating against any employee of the employer with respect to hire, tenure, terms, conditions, or privileges of employment, or any other matter directly or indirectly related to employment, because that employee testifies or otherwise participates in an unemployment compensation proceeding or hearing.

·         Allows an employee to bring a civil action against the employee's employer if a violation of the prohibition described above occurs.

·         Allows a court to order any relief the court determines is appropriate for a violation of the prohibition described above.

CONTENT AND OPERATION

Retaliation against employees for testifying in an unemployment compensation proceeding

Under the bill, an employer is prohibited from discharging without just cause, refusing to hire, or otherwise discriminating against any employee of the employer with respect to hire, tenure, terms, conditions, or privileges of employment, or any matter directly or indirectly related to employment, because that employee testifies or otherwise participates in a proceeding or hearing conducted under the Unemployment Compensation Law (R.C. Chapter 4141.).

Under the bill, an employee is permitted to bring a civil action against the employee's employer in the court of common pleas of the county where the alleged violation, as described above, occurred if the employee believes that the employee has suffered an injury as a result of the violation.  If the court determines that an employer has violated the provision described above, under the bill, the court may order any relief that the court determines is appropriate.  (R.C. 4141.49.)

No provisions exist in current law that address the activity described above.

HISTORY

ACTION

DATE

 

 

Introduced

05-05-09

 

 

 

H0170-I-128.docx/jc