Gordon Rees Scully Mansukhani Partners David Campbell and Donald Slezak secured summary judgment on behalf of a national transportation client in a retaliatory discharge lawsuit filed in Belmont County, Ohio.
The plaintiff, a probationary truck driver, alleged that his termination violated Ohio Revised Code §4123.90, claiming it was in retaliation for filing a workers’ compensation claim. GRSM presented evidence that the plaintiff was terminated based on multiple performance-related concerns—including negative evaluations from six senior drivers, incidents during his first solo delivery route, and documented deficiencies in job performance—well before any protected activity could be considered the cause.
The court agreed, ruling that the client had established legitimate, non-retaliatory reasons for the termination and that the plaintiff failed to produce evidence showing those reasons were pretextual. The judge found that, even viewing the facts most favorably to the plaintiff, no genuine issue of material fact remained for trial.
The court granted summary judgment on all claims and issued a final order, effectively ending the case in favor of the defense.
This result highlights GRSM’s experience in defending employers across the Midwest in complex labor and employment litigation, particularly in cases involving workers’ compensation retaliation and wrongful termination claims.
Learn more about GRSM’s Trucking practice.