In Thomas v. Hyundai of Bedford, No. 108212 (January 23, 2020), the Eighth District Ohio Court of Appeals held that an arbitration clause in an employment contract was substantively and procedurally unconscionable because it sought to include as arbitrable all conceivable claims between the parties, even those outside the employment relationship. The Eighth District’s decision serves as a reminder of the benefits of well-tailored arbitration agreements.
A thorn in the side of many Ohio employers is the claim for wrongful termination in violation of public policy. The basic concept of wrongful termination in violation of public policy is an exception to “termination at will,” in that employers cannot terminate an at-will employee if the termination would violate “public policy.” There are obvious violations of public policy such as terminating an employee who reports tax fraud to the IRS, or reports an employer’s criminal law violation to police.