What Kulch Accomplished, What Kulch Left Out

The general rule that an at-will employee can be discharged at any time for any or no reason is not the case in Ohio, because it has developed a wrongful discharge exception to the employment at-will doctrine. Under this doctrine, an employer who wrongfully discharges an employee in violation of clear public policy is subject to an action for damages. The Ohio legislature enacted the Whistleblower’s Statute, which allows the terminated whistleblower to maintain a cause of action against his employer. The Ohio Supreme Court has strengthened protection by allowing the terminated employee to bring common law action for wrongful discharge as well. However, the court failed to properly address what exact remedies the whistleblower may be entitled to recover, merely stating that recovery may be cumulative, but disallowing double recovery. Part II of this article discusses the factual background of the Kulch case, Part III outlines the potential causes of action, and Parts IV and V discuss available remedies and recovery options. The article concludes by summarizing what the court accomplished and what issues are left to be resolved.