The Ohio Supreme Court in Sutton v. Tomco Machining, Inc. has recognized a common- law tort for wrongful discharge in violation of public policy - retaliatory action- when an injured employee is fired after being hurt on the job but that employee has not yet filed a workers' compensation claim. The employee must prove that the employer lacked an overriding business justification for being fired and the employee's damages are set forth in R.C. 4123.90.
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