Goss v. Kmart Corporation, 2006-T-0117 (6-22-2007)

OPINION

{¶ 1} In this accelerated appeal, submitted on the record and the briefs of the parties, plaintiff-appellant, Ricky A. Goss, appeals the judgment of the Trumbull County Court of Common Pleas, dismissing his complaint for "failure to state a cause of action." We reverse the judgment of the lower court.

{¶ 2} Goss, a 14-year employee of Kmart, worked as a computer operator at the company's distribution center located in Warren, Ohio. As the result of an injury, Goss was granted short-term disability leave until December 5, 2005.

{¶ 3} In October 2005, Kmart sent Goss a letter terminating…