United States Sixth Circuit

In an action brought by a seasonal driver for UPS claiming that he was terminated in violation of the Ohio Whistleblower Protection Act and Ohio public policy, summary judgment for UPS is affirmed where: 1) plaintiff's state law claims were preempted by the Labor Management Relations Act (LMRA), and removal of the matter was proper; 2) plaintiff's public policy claim was properly dismissed as he was not an at-will employee and the claim was brought outside the workers' compensation context; and 3) for purposes of the Whistleblower Act claim, UPS had a legitimate, non-retaliatory reason to fire plaintiff for failure to disclose past medical history, which he failed to prove was pretextual.

Appellate Information

• Decided 06/12/2007
• Published 06/12/2007

Judges

• Before:  MARTIN and GUY, Circuit Judges;  ROSE, District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Robert E. Davis, Robert E. Sweeney & Associates, Cleveland, Ohio, for Appellant.  Margaret M. Koesel, Porter, Wright, Morris & Arthur, Cleveland, Ohio, for Appellee.   ON BRIEF:  Robert E. Davis, Robert E. Sweeney & Associates, Cleveland, Ohio, for Appellant.  Margaret M. Koesel, Nicole J. Quathamer, Porter, Wright, Morris & Arthur, Cleveland, Ohio, for Appellee.