Does Time Limit For Notice of Workers' Comp Discrimination Suit Begin to Run Before Employee Is Notified of Termination?

Where Worker Claims Firing Was Retaliation for Workplace Injury Claims

Keith Lawrence v. City of Youngstown, Case no. 2011-0621

7th District Court of Appeals (Mahoning County)

ISSUE: When there is a gap in time between the date an employer decides to terminate a worker and the date the worker is notified of his termination, does the 90-day time limit for the worker to file notice of intent to sue for wrongful termination under R.C. 4123.90 begin to run on the date set by the employer as the date of termination, or the date on which the worker received notice that he had been terminated?