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Jon Jermer v. Siemens Energy & Automation, Inc.

Citations: 395 F.3d 655; 22 I.E.R. Cas. (BNA) 547; 2005 U.S. App. LEXIS 1210; 2005 WL 147079Docket: 03-4191

Court: Court of Appeals for the Sixth Circuit; January 25, 2005; Federal Appellate Court

Narrative Opinion Summary

The case involves a wrongful discharge claim by an employee, Jermer, against Siemens Energy Automation, Inc., alleging retaliation for raising air quality concerns at his workplace. The United States Court of Appeals for the Sixth Circuit examined whether Jermer's discharge violated Ohio's public policy as outlined in Greeley v. Miami Valley Maintenance Contractors, Inc. The primary legal issue was whether Jermer fulfilled the 'jeopardy element,' requiring a connection between his complaints and governmental policy. Jermer's complaints were deemed insufficiently specific to indicate a public policy violation, as they did not clearly invoke governmental interests. Siemens had conducted air quality assessments and addressed concerns, undermining Jermer's claims. The court emphasized that Jermer's informal complaints and requests failed to communicate a clear public policy issue to his employer. Consequently, the district court's summary judgment in favor of Siemens was affirmed, as Jermer's termination did not jeopardize public safety policies. The decision highlights the necessity for employees to explicitly link their complaints to public policy to seek protection under Ohio law.

Legal Issues Addressed

Communication of Public Policy Concerns

Application: Jermer’s communications lacked specificity to inform Siemens of the governmental policy basis for his complaints, leading to the dismissal of his claim.

Reasoning: Jermer's statements and requests to Siemens lacked the necessary specificity to inform the employer of the governmental policy basis for his complaints, therefore failing to provide reasonable notice.

Employee Whistleblower Protections

Application: The court affirmed that Jermer's actions did not constitute whistleblowing sufficient to invoke protections against at-will termination under public policy.

Reasoning: The Ohio Supreme Court recognizes the importance of employee whistleblowing in enforcing public policy and offers protections against at-will employment status for those acting as public policy enforcers.

Jeopardy Element in Greeley Claims

Application: Jermer's informal complaints and vague requests did not meet the requirement of invoking governmental policy necessary to satisfy the jeopardy element.

Reasoning: In the case, Jermer's complaints about air quality, made during informal conversations with his supervisor, did not sufficiently demonstrate that he was invoking governmental policy.

Retaliatory Firing and Public Policy

Application: Jermer's termination was not found to threaten public policy since no specific policy violation was adequately communicated.

Reasoning: The dismissal of Jermer does not threaten public policy aimed at workplace safety, especially since no employees who raised air quality concerns were terminated.

Wrongful Discharge under Ohio Public Policy

Application: Jermer's claim failed as he did not satisfy the jeopardy element of Ohio's public policy claim, not sufficiently linking his complaints to governmental policy.

Reasoning: The district court ruled in favor of Siemens, stating Jermer failed to prove the jeopardy element of his Greeley claim, as he needed to demonstrate that workplace safety complaints were lodged prior to the critical date of September 28.