Hearings & Proceedings

6. Estoppel

Sekerak v. Fairhill Mental Health Center (1986), 25 Ohio St.3d 38. Incorrect advice received by appellant from appellee's employee as to the time limitations in which to initiate an appeal to the state personnel board of review does not estop board from dismissing the appeal as untimely; Ruozzo v. Giles (1982), 6 Ohio App.3d 8, may be distinguished from the instant case on its facts.

Beery v. Ohio Board of Chiropractic Examiners (1990), 66 Ohio App.3d 206. State board of chiropractic examiners' executive secretary/administrator was estopped from claiming protections of classified civil service, where he had accepted benefits of unclassified employee during his entire tenure of employment and was at least partly responsible for creation of his position.

State, ex rel. Metzger v. Brown (1964), 1 Ohio Misc. 70. If no action has been taken, a resignation may be subject to withdrawal; if there has been action by the appointing authority in reliance upon the resignation by filling the vacancy created thereby, the doctrine of estoppel may be effectively invoked against the individual who has resigned.

Boston v. Ohio Dept. of Human Services (Dec. 20, 1994), Franklin App. Nos. 94APE06-914, 94APE06-915, unreported. The doctrine of estoppel is appropriately characterized as a waiver; absent evidence that appellant knew a position was actually classified, the appointing authority cannot establish a knowing waiver of appellant's rights to the benefits of classified civil service. View Court of Appeals Decision | View Common Pleas Decision | View SPBR Order

Westfall v. Ohio Dept. of Commerce (Jan. 25, 1994), Franklin App. No. 93AP-1067, unreported, 1994 WL 21860. Where an employee accepted a position knowing it to be within the unclassified civil service, reaped the financial benefits of that position and maintained a responsible position of authority, he or she is estopped from later claiming that the position falls within the classified civil service. View Court of Appeals Decision | View Common Pleas Decision | View SPBR Order