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Shirley Painter was the Chief Deputy Clerk in the Bookkeeping Department of the Civil Division of the Municipal Court of the City of Cleveland. She decided to run for city council and asked for a leave of absence to pursue that goal.
At first she was granted the leave. However, two months later, she was terminated. Painter brought a wrongful discharge lawsuit against Charles Graley , the assistant personnel director in the municipal court clerk's office. Painter asked to be reinstated. She also asked for back pay and punitive damages. Her wrongful discharge suit was based on a violation of public policy. She argued that she had appropriate grounds for the suit because her termination violated the state constitution.
Graley argued that a plaintiff can bring a wrongful discharge lawsuit based on public policy only if a statute exists that prohibits the firing in question. Has Painter stated sufficient legal grounds for her wrongful discharge lawsuit? Explain.
Painter v. Graley, 639 N.E.2d 51 (OH).
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