Ohio Supreme Court rules against ex-worker in Vandalia case

The Ohio Supreme Court on Thursday rejected a lawsuit by a former employee of a Vandalia-based pharmaceuticals company who claimed he was wrongfully fired for having raised concerns about fire safety in the workplace.

The state’s highest court ruled 7-0 that Randall Dohme, who worked at what was then called Eurand America Inc., failed to cite a specific provision of the state or federal constitution, a federal or state law, or administrative rule or regulation as the basis for his claim. Dohme failed to meet the legal threshold by simply alleging that the company’s actions jeopardized workplace safety, the court ruled.

The ruling reversed a state appeals court decision for Dohme, and upheld a Montgomery County Common Pleas Court ruling in favor of the company.

The 2nd District Court of Appeals had concluded that because public policy favors fire safety in the workplace, retaliation against employees who raise concerns about fire safety amounted to a violation of public policy and would serve as a basis for his claim.

Dohme sued a year after the company, now known as Aptalis Pharma, fired him in 2003 from his job as an engineering and maintenance employee.

He said the company fired him in retaliation for raising concerns about the plant’s fire safety equipment and procedures that he said had not been addressed. Dohme talked with an insurance auditor visiting the plant to say that a fire alarm inspection report was missing from the company’s computer records.

The company said Dohme was fired for having violated an email directive that ordered all employees to refer to plant management any questions raised by an outside insurance representative.

Contact this reporter at (937) 225-2242 or jnolan@DaytonDailyNews.com.

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