Ohio court revives employee’s public policy violation lawsuit over prevailing wages

The Ohio Court of Appeals for Franklin County recently reversed the grant of summary judgment (dismissal without a trial) in favor of the employer in a case in which a former employee claimed he was discharged in violation of public policy for complaining to the company for allegedly failing to pay prevailing wages in accordance with a state statute.

Facts

Trent Thomson was employed by Boss Excavating & Grading, Inc. In 2018, he was working as a supervisor on a project in New Albany, Ohio. Employees on the work detail complained to him that the endeavor was a public improvements construction project and therefore subject to Ohio’s prevailing wage requirements, but the wage levels Boss was paying them were below the standards.

Thomson relayed the complaints to his supervisors several times, but Boss didn’t increase the employees’ wage rates. He claims he again spoke with his superiors about the substandard wage rates on November 5, 2018, and said he would contact the Ohio Department of Labor if the employer didn’t properly pay the employees at the prevailing wage rate. According to him, Boss immediately fired him. It was undisputed he was employed at will (i.e., he could be discharged at any time for any legal reason or no reason at all).

Court proceedings