Brunecz v. Houdaille Industries, Inc.
Court of Appeals of Ohio
468 N.E.2d 370 (1983)
Brunecz (plaintiff) sued Houdaille (defendant) for wrongful discharge after being fired for filing a workers' compensation claim, originally seeking reinstatement, back pay, and attorney's fees under the applicable statute, along with a jury trial; he later amended his complaint to drop the reinstatement request, keeping only back pay. After arbitration produced an award for Brunecz, Houdaille sought a trial de novo and moved to strike his jury demand; a non-jury trial resulted in judgment for Houdaille, and Brunecz appealed.
Whether a plaintiff seeking back pay under an employment statute whose sole authorized remedy is equitable reinstatement is entitled to a jury trial, particularly after amending the complaint to drop the reinstatement request.