Ohio Supreme Court, 1979

Lewis v. Benson

Ohio Supreme Court · Decided November 28, 1979 · Brown, Celebrezze, Herbert, Holmes, Locher, Lynch, Seventh, Sweeney

60 Ohio St. 2d 66; 397 N.E.2d 396; 14 Ohio Op. 3d 269; 1979 Ohio LEXIS 499

Cases that cite this one

14 later published cases cite this decision.

State ex rel. Carver v. Hull (Ohio 1994)
State ex rel. Carver v. Hull (Ohio 1994)
State v. Penrod (Ohio Ct. App. 1992)
Vandercar, L.L.C. v. Port of Greater Cincinnati Dev. Auth. (Ohio 2024)
Judy v. Ohio Bureau of Motor Vehicles (Ohio 2003)
State Ex Rel. Nagy v. City of Elyria (Ohio Ct. App. 1988)
Beifuss v. Westerville Board of Education (Ohio 1988)
Balbach v. Akron M.H.A., Unpublished Decision (2-6-1987) (Ohio Ct. App. 1987)
Meyer v. Chagrin Falls Exempted Village School District Board of Education (Ohio Ct. App. 1983)
State ex rel. Montrie Nursing Home, Inc. v. Creasy (Ohio 1983)
State Ex Rel. Reyna v. Drabik, Unpublished Decision (4-8-1999) (Ohio Ct. App. 1999)
State ex rel. Tavenner v. Indian Lake Local School District Board of Education (Ohio Ct. App. 1990)
State ex rel. Home Care Pharmacy, Inc. v. Creasy (Ohio 1981)
General Electric Co. v. DeCourcy (Ohio 1979)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Lynch, J.

The issue in this case is whether the trial court erred in allowing interest on an award of back pay to a wrongfully discharged state civil service employee.

Appellee, Lewis, cites numerous National Labor Relations Act cases in which wrongfully discharged employees of private employers were allowed interest on the back pay awarded to them. E.g., N.L.R.B. v. Gray-Grimes Tool Co. (C.A. 6, 1977), 557 F. 2d 1233, 1234; Isis Plumbing & Heating Co. (1962), 138 N.L.R.B. No. 97, 51 LRRM 1122. He *67urges this court to adopt the same principle of law for wrongfully discharged state civil service employees.

However, the law makes a distinction on the liability for payment of interest between a private corporation and a sovereign state. The fourth paragraph of the syllabus in State, ex rel. Parrott, v. Board of Public Works (1881), 36 Ohio St. 409, reads as follows:

“In the absence of a statute requiring it, or a promise to pay it, interest cannot be adjudged against the state for delay in the payment of money.”

Indus. Comm. v. Phillips (1926), 114 Ohio St. 607, 623-624, is in accord with the Parrott case.

There is no statutory authority for an award of interest on back pay for a wrongfully discharged state civil service employee. A public employee holds his office as a matter of law and not of contract. Fuldauer v. Cleveland (1972), 32 Ohio St. 2d 114.

Most states have held that in the absence of a statute authorizing it, or a lawful contract requiring it, a state is not liable to pay interest on its debts. Maurice L. Bein, Inc., v. Housing Authority (1958), 157 Cal. App. 2d 670, 321 P. 2d 753; Brown v. State Highway Comm. (1970), 206 Kan. 49, 476 P. 2d 233; East Orange v. Palmer (1968), 52 N.J. 329, 245 A. 2d 327; Purdy Estate (1972), 447 Pa. 439, 291 A. 2d 93; Bond v. State (1967), 70 Wash. 2d 746, 425 P. 2d 10; Guaranty Trust Co. v. West Virginia Turnpike Comm. (1959), 144 W. Va. 266, 107 S.E. 2d 792.

We conclude that the trial court erred in allowing interest on the award of back pay to appellee Lewis.

Accordingly, the judgment of the Court of Appeals is reversed.

Judgment reversed.

Celebrezze, C. J., Herbert, P. Brown, Locher and Holmes, JJ., concur. W. Brown, J., dissents. Lynch, J., of the Seventh Appellate District, sitting for Sweeney, J.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.