State ex rel. Schneider v. Board of Education of North Olmsted City School District

Schneider argues that he could not have established back pay with certainty in the previous mandamus action because he had not yet been *350reinstated. The board responds that the court of appeals could and did decide on back pay in the previous mandamus case and that, consequently, res judicata precludes Schneider from relitigating this issue here.

We have permitted a wrongfully excluded employee to obtain back pay in a mandamus action after he has been reinstated, Monaghan v. Richley (1972), 32 Ohio St.2d 190, 61 O.O.2d 425, 291 N.E.2d 462, State ex rel. Hamlin v. Collins (1984), 9 Ohio St.3d…