Walmart Driver Has No Public Policy Claim Over Breathing Machine

Feb. 12, 2019, 6:02 PM UTC

A Walmart driver has no claim that the company violated Ohio public policy when it benched him after he refused the company’s order to wear a breathing device for suspected sleep apnea, a federal court ruled.

Ohio employees suing for wrongful discharge in violation of public policy must first give their employer notice of any governmental policy they are invoking when they complain about a work rule or condition, the U.S. District Court for the Southern District of Ohio said Feb. 11. It cited decisions by the U.S. Court of Appeals for the Sixth Circuit and three Ohio appeals courts. ...

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