Ohio Whistleblower Law
Whistleblowers protected under common law “public policy” tort, but statutory remedies may impact or preclude claim.
Court Decisions:
- Leininger v. Pioneer Nat’l Latex, 875 N.E.2d 36 (Ohio 2007)
- Painter v. Graley, 639 N.E.2d 51 (Ohio 1994)
- Klopfenstein v. NK Parts Industries, Inc., 870 N.E.2d 741 (Ohio App. 2007)
- Kulch v. Structural Fibers, Inc., 677 N.E.2d 308 (Ohio 1997) (relies heavily on Greeley v. Miami Valley Maintenance Contrs., Inc. (1990), which was overruled in part by Tulloh v. Goodyear Atomic Corp. (1992))
- McGowan v. Medpace, 42 N.E.3d 256 (Ohio Appeals 2015)
Statute:
- Whistleblower Protections, Ohio Rev Code § 4113.51 to 53, 61, 62, 71, and 99
Frequently Asked Questions
Does Ohio have a False Claims Act (FCA)?
Yes. Ohio has generally applicable Medicaid anti-fraud statutes that are intended to prevent the submission of false and fraudulent claims to the Ohio Medicaid program.
Does the Ohio law have a whistleblower provision?
Yes. Employees who report these frauds in good faith are protected from retaliatory or disciplinary action.
Does Ohio recognize the public policy exception for wrongful termination?
Yes. The state recognizes a “wrongful termination in violation of public policy” exception to Ohio’s employment-at-will doctrine.
