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Franklin County Ohio Clerk of Courts of the Common Pleas- 2024 Apr 23 6:04 PM-24CV003272
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IN THE COURT OF COMMON PLEAS FOR FRANKLIN COUNTY, OHIO
GENERAL DIVISION
RICHARD TAYLOR,
1013 Wedgewood Dr
Columbus, OH 43228
PLAINTIFF,
v
PHOENIX INTEGRATED HEALTH LLC, COMPLAINT WITH JURY DEMAND
ENDORSED HEREON
C/O Statutory Agent Thuan Dhira
5945 Sawmill Road
Dublin, OH 43017
and,
THUAN DHIRA,
8127 Conine Drive
Dublin, OH 43016
DEFENDANTS.
I NATURE OF THE CLAIMS
1 This is a civil action by Plaintiff Richard Taylor against his former employer,
Phoenix Integrated Health LLC, and former supervisor Thuan Dhira. Defendants committed one
or more of the following unlawful acts: (1) discriminated against Mr. Taylor because of his
disability; (2) failed to reasonably accommodate his disability; (3) retaliated against him for his
protected activity; (4) requested that he commit insurance fraud; (5) retaliated against him for
filing a workers’ compensation claim; (6) failed to pay him overtime; and/or (7) failed two pay
him his last two paychecks resulting in a failure to pay minimum wage.
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2 Accordingly, Mr. Taylor now files this civil action. He seeks to recover for the
harm he has suffered, to punish Defendants for their conduct, and to deter Defendants from ever
perpetrating their conduct against any other person.
IL. JURISDICTION AND VENUE
3 Pursuant to R.C. 1907.03 and 2305.01, this Court has original jurisdiction because
this is a civil action where the amount in controversy exceeds the county court’s exclusive
original jurisdiction.
4 Pursuant to R.C. 2307.381-.385, and the Due Process Clauses of the federal and
Ohio Constitutions, this Court has personal jurisdiction over Defendant Phoenix Integrated
Health LLC and Defendant Thuan Dhira because they are residents of, and have continuous and
systematic contacts with, the State of Ohio.
5 Pursuant to Civ.R. 3(C)(1), (C)(2), (C)G), and/or (C)(6) this Court is the
appropriate venue because Franklin County, Ohio is a county in which a defendant resides; is a
county in which a defendant has a principal place of business; is a county in which a defendant
conducted activity that gave rise to the claims for relief, and/or is a county in which all or part of
the claims for relief arose
Til. PARTIES
6 Plaintiff Richard Taylor (“Plaintiff’ or “Mr. Taylor”) is a natural person who is a
resident of Franklin County, Ohio. Defendant Phoenix Integrated Health LLC employed Mr.
Taylor from October of 2021 up until Defendants fired him on October 27, 2023.
7 Defendant Phoenix Integrated Health LLC (“Defendant Phoenix” or the
“Company”) is a for-profit limited liability company that formed in the State of Ohio and has its
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principal place of business in Franklin County, Ohio. Defendant Phoenix provides mental health
care and addiction care services.
8 Defendant Thuan Dhira (“Defendant Dhira”) is a natural person who, upon
information or belief, is a resident of Franklin County, Ohio. At all relevant times, Defendant
Phoenix had supervisory authority over Mr. Taylor. Upon information or belief, Defendant
Dhira was an individual responsible for, and/or who participated in, the adverse employment
action(s) against Mr. Taylor.
Iv. FACTS
9 Defendants employed Mr. Taylor from approximately October of 2021 up until
Defendants fired him on October 27, 2023 His job performance always met or exceeded
expectations.
10. On August 17, 2023, Mr. Taylor suffered a workplace injury when he was in a car
accident in the Company’s van
11. In the accident, Mr. Taylor suffered injuries to his hips, neck, head, and spine.
His injuries substantially limit his ability to bend, lift, walk, carry, and constitute disabilities
12. The Company’s owner, Defendant Dhira, asked Mr. Taylor to commit insurance
fraud by telling him to keep the accident quiet, lie, and state that he was running an errand to
avoid a workers’ compensation claim.
13 Mr. Taylor refused to lie about the accident and subsequently filed a workers’
compensation claim
14 The Company began treating Mr. Taylor differently after the injury and filing for
workers’ compensation.
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15. Shortly after Mr. Taylor’s accident, Defendants suspended him pending an
insurance investigation.
16. While on suspension, Mr. Taylor saw a medical provider who said that he needed
to be off work for a week to treat his disabilities. Specifically, his medical providers said he
needed to rest because his stress wasn’t allowing the concussion he suffered to properly heal. He
communicated the request for leave to the Company
17. On October 17, 2023, Defendants terminated Mr. Taylor for “attendance issues.”
The only days Mr. Taylor missed work were because of his disabilities and he always provided
doctor’s notes to the Company for his disability-related absences.
18 On January 22, 2024, Mr. Taylor timely filed a charge of discrimination with the
Ohio Civil Rights Commission (““OCRC”) and Equal Employment Opportunity Commission
alleging the facts and claims contained in this Complaint.!
19. Additionally, Mr. Taylor frequently worked overtime without being paid for his
overtime hours.
20. The Company also did not pay Mr. Taylor his last two paychecks prior to his
termination
Vv. CLAIMS FOR RELIEF
COUNTI
iolation of Ohio Revised Code Chapter 4112
(Disability Discrimination — Termination of Employment)
' Because Mr. Taylor’s claims under R.C. 4123.90 and its public policy have a one-hundred-and-eighty-day statute
of limitations, and because his claims under R.C. Chapter 4112 arise out of the same set of facts as alternative
theories of relief, Mr. Taylor is required to file this Complaint alleging all his wrongful termination claims before
exhausting his administrative remedies under R.C. Chapter 4112. However, R.C. 4112.052(B)(2)(a) allows Mr.
Taylor to immediately sue on his claims under R.C. Chapter 4112 before administrative exhaustion if he seeks only
injunctive relief on them, which is the case here. Then, R.C. 4112.052(B)(3) allows Mr. Nolan to amend the
Complaint to request damages on his claims under R.C. Chapter 4112 once he receives his right-to-sue letter from
the OCRC, which is what he intends to do in this case.
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Against Defendant Phoenix
21 All preceding paragraphs are incorporated by reference as if fully restated in this
paragraph.
22. Plaintiff was at all relevant times an “employee” within the meaning of R.C.
4112.01(A)(3)
23 Plaintiff at all relevant times had a “disability” within the meaning of R.C
4112.01(A)(13).
24. Defendant was at all relevant times an “employer” within the meaning of R.C.
4112.01(A)(2)
25 Defendant violated R.C. Chapter 4112 when it terminated Plaintiff's employment
because of his disability or disabilities. Alternatively, Plaintiff's disability or disabilities was a
motivating factor in the decision by Defendant to terminate Plaintiff's employment.
COUNT II
Violation of Ohio Revised Code Chapter 4112
(Regarded-As Disability Discrimination — Termination of Employment)
Against Defendant Phoenix
26. All preceding paragraphs are incorporated by reference as if fully restated in this
paragraph.
27. Plaintiff was at all relevant times an “employee” within the meaning of R.C.
4112.01(A)(3)
28 Plaintiff at all relevant times had a “disability” within the meaning of R.C
4112.01(A)(13).
29. Defendant was at all relevant times an “employer” within the meaning of R.C.
4112.01(A)(2)
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30. Defendant violated R.C. Chapter 4112 when it terminated Plaintiff's employment
because of his physical and/or mental impairment(s). Alternatively, Plaintiffs physical and/or
mental impairment(s) was a motivating factor in its decision to terminate Plaintiff’ s employment
COUNT Il
Violation of Ohio Revised Code Chapter 4112
(Retaliation — Termination of Employment)
Against All Defendants
31 All preceding paragraphs are incorporated by reference as if fully restated in this
paragraph.
32. Plaintiff was at all relevant times a “person” within the meaning of R.C.
4112.01(A)(1)
33 Defendants were at all relevant times “person(s)” within the meaning of R.C.
4112.01(A)(1).
34. Plaintiff engaged in the activity protected by R.C. 4112.02(1).
35 Defendants violated R.C. 4112.02(1) when they terminated Plaintiffs
employment because Plaintiff engaged in the protected activity set forth in the statute.
Alternatively, Plaintiff's protected activity was a motivating factor in the decision by Defendants
to terminate Plaintiffs employment
COUNT IV
Violation of Ohio Revised Code Section 4123.90
(Retaliation for a Workers’ Compensation Claim — Termination of Employment)
Against Defendant Pheonix
36. All preceding paragraphs are incorporated by reference as if fully restated in this
paragraph.
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37. Plaintiff was at all relevant times an “employee” within the meaning of R.C
4123.90.
38 Defendant was at all relevant times an “employer” within the meaning of R.C
4123.90.
39. Plaintiff engaged in the protected activity described in R.C. 4123.90
40. Defendant violated R.C. 4123.90 when it terminated Plaintiff's employment
because Plaintiff engaged in the protected activity set forth in the statute. Alternatively,
Plaintiff's protected activity was a motivating factor in the decision by Defendant to terminate
Plaintiff’ s employment
41 Plaintiff has satisfied the procedural requirements of R.C. 4123.90.
42. As a proximate result of Defendant’s actions, Plaintiff has been and continues to
be damaged in an amount to be determined at trial but exceeding $25,000.
43 Consistent with R.C. 4123.90, Plaintiff is entitled to reasonable attorneys’ fees
incurred in pursuing Count IV.
COUNT V
Wrongful Termination in Violation of the Public Policy of R.C. 4123.90
(Retaliation for a Workers’ Compensation Claim — Termination of Employment)
Against Defendant Pheonix
44 All preceding paragraphs are incorporated by reference as if fully restated in this
paragraph.
45 Plaintiff was at all relevant times an “employee” within the meaning of R.C.
4123.90.
46. Defendant Phoenix was at all relevant times an “employer” within the meaning of
R.C. 4123.90.
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47. There is a clear public policy that exists and is manifested in R.C. 4123.90 that
prohibits employers from terminating employees before they can file, institute, or pursue a claim
for workers’ compensation benefits. See Sutton v. Tomco Mach., Inc., 129 Ohio St.3d 153,
2011-Ohio-2723, 950 N.E.2d 938.
48. Dismissing employees under the circumstances like those involved in Plaintiff’ s
dismissal would jeopardize that public policy.
49. Defendant’s decision to dismiss Plaintiff was motivated by conduct related to this
public policy.
50. Defendant lacked an overriding business justification for the dismissal
51 Plaintiff has satisfied the procedural requirements of R.C. 4123.90.
52. As a proximate result of Defendant’s actions, Plaintiff has been and continues to
be damaged in an amount to be determined at trial but exceeding $25,000.
53 Consistent with R.C. 4123.90, Plaintiff is entitled to reasonable attorneys’ fees
incurred in pursuing Count V.
COUNT VI
Violation of Ohio Revised Code Chapter 4112
(Disability Discrimination — Failure to Accommodate)
Against Defendant Pheonix
54, All preceding paragraphs are incorporated by reference as if fully restated in this
paragraph.
55 Plaintiff was at all relevant times an “employee” within the meaning of R.C.
4112.01(A)(3)
56. Plaintiff at all relevant times had a “disability” within the meaning of R.C
4112.01(A)(13).
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57. Defendant was at all relevant times an “employer” within the meaning of R.C
4112.01(A)(2).
58. Defendant violated R.C. Chapter 4112 when it failed to provide a reasonable
accommodation for Plaintiffs disability
COUNT VII
Violation of Ohio Revised Code Chapter 4112
(Aiding and Abetting Unlawful Discrimination and Retaliation)
Against Defendant Dhira
59. All preceding paragraphs are incorporated by reference as if fully restated in this
paragraph.
60. Plaintiff was at all relevant times an “employee” within the meaning of R.C
4112.01(A)(3).
6l Defendant Dhira at all relevant times a “person” within the meaning of R.C
4112.01(A)(1)
62. Defendant Dhira violated R.C. 4112.02(J) when he aided, abetted, incited,
compelled, or coerced the unlawful discrimination and/or retaliation against Plaintiff set forth in
this Complaint.
COUNT VIII
Violation of the Ohio Constitution, Article I, Section 34a
(Failure to Pay Overtime and Minimum Wage)
Against All Defendants
63 All preceding paragraphs are incorporated by reference as if fully restated in this
paragraph.
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64. Plaintiff was at all relevant times an “employee” within the meaning of the Ohio
Constitution, Article II, Section 34a.
65. Defendants were at all relevant times “employer(s)” within the meaning of the
Ohio Constitution, Article II, Section 34a.
66. Defendants violated the Ohio Constitution, Article II, Section 34a when they
failed to pay Plaintiff all minimum wages and overtime compensation due.
67. Defendants’ violations were willful
68 As a proximate result of Defendants’ actions, Plaintiff has been and continues to
be damaged in an amount to be determined at trial
69. Pursuant to the Ohio Constitution, Article II, Section 34a, Plaintiff is entitled to
liquidated damages in an amount equal to the unpaid overtime and minimum wage
compensation.
70. Pursuant to the Ohio Constitution, Article II, Section 34a, Plaintiff is entitled to
reasonable attorneys’ fees incurred in pursuing Count VIII.
COUNT IX
Violation of Ohio Revised Code Chapter 4111
(Failure to Pay Overtime and Minimum Wage)
Against All Defendants
71 All preceding paragraphs are incorporated by reference as if fully restated in this
paragraph.
72. Plaintiff was at all relevant times an “employee” within the meaning of the Ohio
Constitution, Article II, Section 34a.
73 Defendants were at all relevant times employer(s)” within the meaning of the
Ohio Constitution, Article II, Section 34a.
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74. Defendants violated R.C. Chapter 4111 and the Ohio Constitution, Article II,
Section 34a when they failed to pay Plaintiff all unpaid overtime and minimum wage
compensation due.
75 Defendants’ violations were willful.
76. As a proximate result of Defendants’ actions, Plaintiff has been and continues to
be damaged in an amount to be determined at trial.
77. Pursuant to the Ohio Constitution, Article II, Section 34a, Plaintiff is entitled to
liquidated damages in an amount equal to the unpaid overtime and minimum wage
compensation.
78 Pursuant to the Ohio Constitution, Article II, Section 34a, Plaintiff is entitled to
reasonable attorneys’ fees incurred in pursuing Count IX.
COUNT X
Violation of Ohio Revised Code Section 4113.15
(Failure to Tender Prompt Payment)
Against All Defendants
79. All preceding paragraphs are incorporated by reference as if fully restated in this
paragraph.
80. Plaintiff was at all relevant times an “employee” within the meaning of R.C
Chapter 4113.
81. Defendants were at all relevant times “employer(s)” within the meaning of R.C.
4113.15(D)(4).
82. Defendants violated R.C. 4113.15(A) when they failed to pay Plaintiff all wages
earned within the statutory period.
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83. Defendants’ failed to make such payments within thirty days of the “regularly
scheduled payday(s)” required by R.C. 4113.15(B)
84. As a proximate result of Defendants’ actions, Plaintiff has been and continues to
be damaged in an amount to be determined at trial.
85. Pursuant to R.C. 4113.15(B), Plaintiff is entitled to liquidated damages in an
amount equal to six percent of the unpaid compensation or two hundred dollars, whichever is
greater.
COUNT XI
Breach of Contract
(Failure to Pay Agreed Hourly Rate for All hours Worked)
Against All Defendants
86. All preceding paragraphs are incorporated by reference as if fully restated in this
paragraph.
87. Plaintiff and Defendant Phoenix entered into a legally binding agreement.
88 Plaintiff performed all his required duties under this agreement.
89. Defendant Phoenix had a duty to provide Plaintiff the agreed rate of $25.00 per
hour for all hours worked.
90. Defendant Pheonix breached the agreement when it failed to pay him for all hours
worked
91. As a proximate result of Defendant Pheonix’s actions, Plaintiff has been and
continues to be damaged in an amount to be determined at trial.
VI. PRAYER FOR RELIEF
WHEREFORE, Plaintiff requests judgment in her favor on all claims in this Complaint
and requests the following relief:
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For the claims under R.C. 4123.90, for the public policy exception to the at-will
employment doctrine relying on the public policy underlying R.C. 4123.90, and
for the wage and hour claims
1 Economic compensatory damages in an amount to be determined at trial;
2 Reinstatement or, in the alternative, front pay in an amount to be
determined;
Reasonable attorneys’ fees incurred in pursuing the claims against
Defendant Phoenix;
All costs and expenses incurred in pursuing the claims against Defendant
Pheonix;
Pre- and post-judgment interest; and
All other legal and equitable relief this Court and/or a jury determines is
appropriate.
For the claims under R.C. Chapter 4112
a. Reinstatement;
b All other equitable relief this Court and/or a jury determines is
appropriate.
VIL. JURY DEMAND
Pursuant to Civ.R. 38, Plaintiff demands a trial by jury on all claims and issues that are
triable.
Respectfully submitted,
By: /s/ Jamie R. Bailey
Jamie R. Bailey (Ohio Bar No. 0099789)
Paul Filippelli (Ohio Bar No. 0097085)
Brian M. Perry (Ohio Bar No. 0097811)
WILLIS SPANGLER STARLING
13
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4635 Trueman Boulevard, Suite 100
Hilliard, Ohio 43026
Telephone: (740) 506-9889
Facsimil (614) 586-7901
{ ThE OL
bper
Attorneys for Plaintiff Richard Taylor
14
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Franklin County Ohio Clerk of Courts of the Common Pleas- 2024 Apr 23 6:04 PM-24CV003272 0G821 - C70 IN THE COURT OF COMMON PLEAS FOR FRANKLIN COUNTY, OHIO GENERAL DIVISION RICHARD TAYLOR, 1013 Wedgewood Dr Columbus, OH 43228 PLAINTIFF, v PHOENIX INTEGRATED HEALTH LLC, COMPLAINT WITH JURY DEMAND ENDORSED HEREON C/O Statutory Agent Thuan Dhira 5945 Sawmill Road Dublin, OH 43017 and, THUAN DHIRA, 8127 Conine Drive Dublin, OH 43016 DEFENDANTS. I NATURE OF THE CLAIMS 1 This is a civil action by Plaintiff Richard Taylor against his former employer, Phoenix Integrated Health LLC, and former supervisor Thuan Dhira. Defendants committed one or more of the following unlawful acts: (1) discriminated against Mr. Taylor because of his disability; (2) failed to reasonably accommodate his disability; (3) retaliated against him for his protected activity; (4) requested that he commit insurance fraud; (5) retaliated against him for filing a workers’ compensation claim; (6) failed to pay him overtime; and/or (7) failed two pay him his last two paychecks resulting in a failure to pay minimum wage. Franklin County Ohio Clerk of Courts of the Common Pleas- 2024 Apr 23 6:04 PM-24CV003272 0G821 - C71 2 Accordingly, Mr. Taylor now files this civil action. He seeks to recover for the harm he has suffered, to punish Defendants for their conduct, and to deter Defendants from ever perpetrating their conduct against any other person. IL. JURISDICTION AND VENUE 3 Pursuant to R.C. 1907.03 and 2305.01, this Court has original jurisdiction because this is a civil action where the amount in controversy exceeds the county court’s exclusive original jurisdiction. 4 Pursuant to R.C. 2307.381-.385, and the Due Process Clauses of the federal and Ohio Constitutions, this Court has personal jurisdiction over Defendant Phoenix Integrated Health LLC and Defendant Thuan Dhira because they are residents of, and have continuous and systematic contacts with, the State of Ohio. 5 Pursuant to Civ.R. 3(C)(1), (C)(2), (C)G), and/or (C)(6) this Court is the appropriate venue because Franklin County, Ohio is a county in which a defendant resides; is a county in which a defendant has a principal place of business; is a county in which a defendant conducted activity that gave rise to the claims for relief, and/or is a county in which all or part of the claims for relief arose Til. PARTIES 6 Plaintiff Richard Taylor (“Plaintiff’ or “Mr. Taylor”) is a natural person who is a resident of Franklin County, Ohio. Defendant Phoenix Integrated Health LLC employed Mr. Taylor from October of 2021 up until Defendants fired him on October 27, 2023. 7 Defendant Phoenix Integrated Health LLC (“Defendant Phoenix” or the “Company”) is a for-profit limited liability company that formed in the State of Ohio and has its Franklin County Ohio Clerk of Courts of the Common Pleas- 2024 Apr 23 6:04 PM-24CV003272 0G821 - C72 principal place of business in Franklin County, Ohio. Defendant Phoenix provides mental health care and addiction care services. 8 Defendant Thuan Dhira (“Defendant Dhira”) is a natural person who, upon information or belief, is a resident of Franklin County, Ohio. At all relevant times, Defendant Phoenix had supervisory authority over Mr. Taylor. Upon information or belief, Defendant Dhira was an individual responsible for, and/or who participated in, the adverse employment action(s) against Mr. Taylor. Iv. FACTS 9 Defendants employed Mr. Taylor from approximately October of 2021 up until Defendants fired him on October 27, 2023 His job performance always met or exceeded expectations. 10. On August 17, 2023, Mr. Taylor suffered a workplace injury when he was in a car accident in the Company’s van 11. In the accident, Mr. Taylor suffered injuries to his hips, neck, head, and spine. His injuries substantially limit his ability to bend, lift, walk, carry, and constitute disabilities 12. The Company’s owner, Defendant Dhira, asked Mr. Taylor to commit insurance fraud by telling him to keep the accident quiet, lie, and state that he was running an errand to avoid a workers’ compensation claim. 13 Mr. Taylor refused to lie about the accident and subsequently filed a workers’ compensation claim 14 The Company began treating Mr. Taylor differently after the injury and filing for workers’ compensation. Franklin County Ohio Clerk of Courts of the Common Pleas- 2024 Apr 23 6:04 PM-24CV003272 0G821 - C73 15. Shortly after Mr. Taylor’s accident, Defendants suspended him pending an insurance investigation. 16. While on suspension, Mr. Taylor saw a medical provider who said that he needed to be off work for a week to treat his disabilities. Specifically, his medical providers said he needed to rest because his stress wasn’t allowing the concussion he suffered to properly heal. He communicated the request for leave to the Company 17. On October 17, 2023, Defendants terminated Mr. Taylor for “attendance issues.” The only days Mr. Taylor missed work were because of his disabilities and he always provided doctor’s notes to the Company for his disability-related absences. 18 On January 22, 2024, Mr. Taylor timely filed a charge of discrimination with the Ohio Civil Rights Commission (““OCRC”) and Equal Employment Opportunity Commission alleging the facts and claims contained in this Complaint.! 19. Additionally, Mr. Taylor frequently worked overtime without being paid for his overtime hours. 20. The Company also did not pay Mr. Taylor his last two paychecks prior to his termination Vv. CLAIMS FOR RELIEF COUNTI iolation of Ohio Revised Code Chapter 4112 (Disability Discrimination — Termination of Employment) ' Because Mr. Taylor’s claims under R.C. 4123.90 and its public policy have a one-hundred-and-eighty-day statute of limitations, and because his claims under R.C. Chapter 4112 arise out of the same set of facts as alternative theories of relief, Mr. Taylor is required to file this Complaint alleging all his wrongful termination claims before exhausting his administrative remedies under R.C. Chapter 4112. However, R.C. 4112.052(B)(2)(a) allows Mr. Taylor to immediately sue on his claims under R.C. Chapter 4112 before administrative exhaustion if he seeks only injunctive relief on them, which is the case here. Then, R.C. 4112.052(B)(3) allows Mr. Nolan to amend the Complaint to request damages on his claims under R.C. Chapter 4112 once he receives his right-to-sue letter from the OCRC, which is what he intends to do in this case. 4 Franklin County Ohio Clerk of Courts of the Common Pleas- 2024 Apr 23 6:04 PM-24CV003272 0G821 - C74 Against Defendant Phoenix 21 All preceding paragraphs are incorporated by reference as if fully restated in this paragraph. 22. Plaintiff was at all relevant times an “employee” within the meaning of R.C. 4112.01(A)(3) 23 Plaintiff at all relevant times had a “disability” within the meaning of R.C 4112.01(A)(13). 24. Defendant was at all relevant times an “employer” within the meaning of R.C. 4112.01(A)(2) 25 Defendant violated R.C. Chapter 4112 when it terminated Plaintiff's employment because of his disability or disabilities. Alternatively, Plaintiff's disability or disabilities was a motivating factor in the decision by Defendant to terminate Plaintiff's employment. COUNT II Violation of Ohio Revised Code Chapter 4112 (Regarded-As Disability Discrimination — Termination of Employment) Against Defendant Phoenix 26. All preceding paragraphs are incorporated by reference as if fully restated in this paragraph. 27. Plaintiff was at all relevant times an “employee” within the meaning of R.C. 4112.01(A)(3) 28 Plaintiff at all relevant times had a “disability” within the meaning of R.C 4112.01(A)(13). 29. Defendant was at all relevant times an “employer” within the meaning of R.C. 4112.01(A)(2) Franklin County Ohio Clerk of Courts of the Common Pleas- 2024 Apr 23 6:04 PM-24CV003272 0G821 - C75 30. Defendant violated R.C. Chapter 4112 when it terminated Plaintiff's employment because of his physical and/or mental impairment(s). Alternatively, Plaintiffs physical and/or mental impairment(s) was a motivating factor in its decision to terminate Plaintiff’ s employment COUNT Il Violation of Ohio Revised Code Chapter 4112 (Retaliation — Termination of Employment) Against All Defendants 31 All preceding paragraphs are incorporated by reference as if fully restated in this paragraph. 32. Plaintiff was at all relevant times a “person” within the meaning of R.C. 4112.01(A)(1) 33 Defendants were at all relevant times “person(s)” within the meaning of R.C. 4112.01(A)(1). 34. Plaintiff engaged in the activity protected by R.C. 4112.02(1). 35 Defendants violated R.C. 4112.02(1) when they terminated Plaintiffs employment because Plaintiff engaged in the protected activity set forth in the statute. Alternatively, Plaintiff's protected activity was a motivating factor in the decision by Defendants to terminate Plaintiffs employment COUNT IV Violation of Ohio Revised Code Section 4123.90 (Retaliation for a Workers’ Compensation Claim — Termination of Employment) Against Defendant Pheonix 36. All preceding paragraphs are incorporated by reference as if fully restated in this paragraph. Franklin County Ohio Clerk of Courts of the Common Pleas- 2024 Apr 23 6:04 PM-24CV003272 0G821 - C76 37. Plaintiff was at all relevant times an “employee” within the meaning of R.C 4123.90. 38 Defendant was at all relevant times an “employer” within the meaning of R.C 4123.90. 39. Plaintiff engaged in the protected activity described in R.C. 4123.90 40. Defendant violated R.C. 4123.90 when it terminated Plaintiff's employment because Plaintiff engaged in the protected activity set forth in the statute. Alternatively, Plaintiff's protected activity was a motivating factor in the decision by Defendant to terminate Plaintiff’ s employment 41 Plaintiff has satisfied the procedural requirements of R.C. 4123.90. 42. As a proximate result of Defendant’s actions, Plaintiff has been and continues to be damaged in an amount to be determined at trial but exceeding $25,000. 43 Consistent with R.C. 4123.90, Plaintiff is entitled to reasonable attorneys’ fees incurred in pursuing Count IV. COUNT V Wrongful Termination in Violation of the Public Policy of R.C. 4123.90 (Retaliation for a Workers’ Compensation Claim — Termination of Employment) Against Defendant Pheonix 44 All preceding paragraphs are incorporated by reference as if fully restated in this paragraph. 45 Plaintiff was at all relevant times an “employee” within the meaning of R.C. 4123.90. 46. Defendant Phoenix was at all relevant times an “employer” within the meaning of R.C. 4123.90. Franklin County Ohio Clerk of Courts of the Common Pleas- 2024 Apr 23 6:04 PM-24CV003272 0G821 - C77 47. There is a clear public policy that exists and is manifested in R.C. 4123.90 that prohibits employers from terminating employees before they can file, institute, or pursue a claim for workers’ compensation benefits. See Sutton v. Tomco Mach., Inc., 129 Ohio St.3d 153, 2011-Ohio-2723, 950 N.E.2d 938. 48. Dismissing employees under the circumstances like those involved in Plaintiff’ s dismissal would jeopardize that public policy. 49. Defendant’s decision to dismiss Plaintiff was motivated by conduct related to this public policy. 50. Defendant lacked an overriding business justification for the dismissal 51 Plaintiff has satisfied the procedural requirements of R.C. 4123.90. 52. As a proximate result of Defendant’s actions, Plaintiff has been and continues to be damaged in an amount to be determined at trial but exceeding $25,000. 53 Consistent with R.C. 4123.90, Plaintiff is entitled to reasonable attorneys’ fees incurred in pursuing Count V. COUNT VI Violation of Ohio Revised Code Chapter 4112 (Disability Discrimination — Failure to Accommodate) Against Defendant Pheonix 54, All preceding paragraphs are incorporated by reference as if fully restated in this paragraph. 55 Plaintiff was at all relevant times an “employee” within the meaning of R.C. 4112.01(A)(3) 56. Plaintiff at all relevant times had a “disability” within the meaning of R.C 4112.01(A)(13). Franklin County Ohio Clerk of Courts of the Common Pleas- 2024 Apr 23 6:04 PM-24CV003272 0G821 - C78 57. Defendant was at all relevant times an “employer” within the meaning of R.C 4112.01(A)(2). 58. Defendant violated R.C. Chapter 4112 when it failed to provide a reasonable accommodation for Plaintiffs disability COUNT VII Violation of Ohio Revised Code Chapter 4112 (Aiding and Abetting Unlawful Discrimination and Retaliation) Against Defendant Dhira 59. All preceding paragraphs are incorporated by reference as if fully restated in this paragraph. 60. Plaintiff was at all relevant times an “employee” within the meaning of R.C 4112.01(A)(3). 6l Defendant Dhira at all relevant times a “person” within the meaning of R.C 4112.01(A)(1) 62. Defendant Dhira violated R.C. 4112.02(J) when he aided, abetted, incited, compelled, or coerced the unlawful discrimination and/or retaliation against Plaintiff set forth in this Complaint. COUNT VIII Violation of the Ohio Constitution, Article I, Section 34a (Failure to Pay Overtime and Minimum Wage) Against All Defendants 63 All preceding paragraphs are incorporated by reference as if fully restated in this paragraph. Franklin County Ohio Clerk of Courts of the Common Pleas- 2024 Apr 23 6:04 PM-24CV003272 0G821 - C79 64. Plaintiff was at all relevant times an “employee” within the meaning of the Ohio Constitution, Article II, Section 34a. 65. Defendants were at all relevant times “employer(s)” within the meaning of the Ohio Constitution, Article II, Section 34a. 66. Defendants violated the Ohio Constitution, Article II, Section 34a when they failed to pay Plaintiff all minimum wages and overtime compensation due. 67. Defendants’ violations were willful 68 As a proximate result of Defendants’ actions, Plaintiff has been and continues to be damaged in an amount to be determined at trial 69. Pursuant to the Ohio Constitution, Article II, Section 34a, Plaintiff is entitled to liquidated damages in an amount equal to the unpaid overtime and minimum wage compensation. 70. Pursuant to the Ohio Constitution, Article II, Section 34a, Plaintiff is entitled to reasonable attorneys’ fees incurred in pursuing Count VIII. COUNT IX Violation of Ohio Revised Code Chapter 4111 (Failure to Pay Overtime and Minimum Wage) Against All Defendants 71 All preceding paragraphs are incorporated by reference as if fully restated in this paragraph. 72. Plaintiff was at all relevant times an “employee” within the meaning of the Ohio Constitution, Article II, Section 34a. 73 Defendants were at all relevant times employer(s)” within the meaning of the Ohio Constitution, Article II, Section 34a. 10 Franklin County Ohio Clerk of Courts of the Common Pleas- 2024 Apr 23 6:04 PM-24CV003272 0G821 - C80 74. Defendants violated R.C. Chapter 4111 and the Ohio Constitution, Article II, Section 34a when they failed to pay Plaintiff all unpaid overtime and minimum wage compensation due. 75 Defendants’ violations were willful. 76. As a proximate result of Defendants’ actions, Plaintiff has been and continues to be damaged in an amount to be determined at trial. 77. Pursuant to the Ohio Constitution, Article II, Section 34a, Plaintiff is entitled to liquidated damages in an amount equal to the unpaid overtime and minimum wage compensation. 78 Pursuant to the Ohio Constitution, Article II, Section 34a, Plaintiff is entitled to reasonable attorneys’ fees incurred in pursuing Count IX. COUNT X Violation of Ohio Revised Code Section 4113.15 (Failure to Tender Prompt Payment) Against All Defendants 79. All preceding paragraphs are incorporated by reference as if fully restated in this paragraph. 80. Plaintiff was at all relevant times an “employee” within the meaning of R.C Chapter 4113. 81. Defendants were at all relevant times “employer(s)” within the meaning of R.C. 4113.15(D)(4). 82. Defendants violated R.C. 4113.15(A) when they failed to pay Plaintiff all wages earned within the statutory period. 11 Franklin County Ohio Clerk of Courts of the Common Pleas- 2024 Apr 23 6:04 PM-24CV003272 0G821 - C81 83. Defendants’ failed to make such payments within thirty days of the “regularly scheduled payday(s)” required by R.C. 4113.15(B) 84. As a proximate result of Defendants’ actions, Plaintiff has been and continues to be damaged in an amount to be determined at trial. 85. Pursuant to R.C. 4113.15(B), Plaintiff is entitled to liquidated damages in an amount equal to six percent of the unpaid compensation or two hundred dollars, whichever is greater. COUNT XI Breach of Contract (Failure to Pay Agreed Hourly Rate for All hours Worked) Against All Defendants 86. All preceding paragraphs are incorporated by reference as if fully restated in this paragraph. 87. Plaintiff and Defendant Phoenix entered into a legally binding agreement. 88 Plaintiff performed all his required duties under this agreement. 89. Defendant Phoenix had a duty to provide Plaintiff the agreed rate of $25.00 per hour for all hours worked. 90. Defendant Pheonix breached the agreement when it failed to pay him for all hours worked 91. As a proximate result of Defendant Pheonix’s actions, Plaintiff has been and continues to be damaged in an amount to be determined at trial. VI. PRAYER FOR RELIEF WHEREFORE, Plaintiff requests judgment in her favor on all claims in this Complaint and requests the following relief: 12 Franklin County Ohio Clerk of Courts of the Common Pleas- 2024 Apr 23 6:04 PM-24CV003272 0G821 - C82 For the claims under R.C. 4123.90, for the public policy exception to the at-will employment doctrine relying on the public policy underlying R.C. 4123.90, and for the wage and hour claims 1 Economic compensatory damages in an amount to be determined at trial; 2 Reinstatement or, in the alternative, front pay in an amount to be determined; Reasonable attorneys’ fees incurred in pursuing the claims against Defendant Phoenix; All costs and expenses incurred in pursuing the claims against Defendant Pheonix; Pre- and post-judgment interest; and All other legal and equitable relief this Court and/or a jury determines is appropriate. For the claims under R.C. Chapter 4112 a. Reinstatement; b All other equitable relief this Court and/or a jury determines is appropriate. VIL. JURY DEMAND Pursuant to Civ.R. 38, Plaintiff demands a trial by jury on all claims and issues that are triable. Respectfully submitted, By: /s/ Jamie R. Bailey Jamie R. Bailey (Ohio Bar No. 0099789) Paul Filippelli (Ohio Bar No. 0097085) Brian M. Perry (Ohio Bar No. 0097811) WILLIS SPANGLER STARLING 13 Franklin County Ohio Clerk of Courts of the Common Pleas- 2024 Apr 23 6:04 PM-24CV003272 0G821 - C83 4635 Trueman Boulevard, Suite 100 Hilliard, Ohio 43026 Telephone: (740) 506-9889 Facsimil (614) 586-7901 { ThE OL bper Attorneys for Plaintiff Richard Taylor 14