Will the Real Legislature Please Stand Up - A Response to Kulch v. Structural Fibers, Inc.: Clarifying the Public Policy Exception

Koesel, Margaret M., Bell, David A. & Turnbull, Tracey L.

Journal: Cleveland State Law Review

Volume: 46

First Page: 19

Year: 1998

Bluebook Citation: 46 CLEV. ST. L. REV. 19 (1998)

Author: David A. Bell: all 5 publications


Abstract

This Article briefly traces the history of the employment-at-will doctrine from its origins in the English common law through the present. It also examines the exceptions to this doctrine that have arisen during the twentieth century and, in particular, the "public policy" exception. Next, the Article analyzes how Ohio courts have narrowed the at-will doctrine since 1990. The Article then examines the Kulch decision and responds to a recent article that favorably analyzes Kulch.

Finally, the Article concludes that this case is improperly decided because it usurps the right of the legislature to establish public policy in statutes and because it will lead to further confusion and unpredictability in Ohio employment law.

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