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City of St. Marys v. Brinko

The plaintiff had no protected property interest in her employment with the City of St. Marys' Convention and Visitors Bureau, as the undisputed evidence, including the City's Personnel Policy Manual, showed that the plaintiff was an at-will employee.

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After being terminated from her job with the City of St. Marys, Janet Brinko sued the city, the city manager, the mayor, members of the city council, and a city employee collectively, “the defendants”. In her complaint, Brinko alleged that the defendants wrongfully terminated her employment, defamed her, and interfered with her employment contract the “tort claims”. She also alleged that the city had violated her due process rights by denying her request for a post-termination hearing the “due process claim”.

The defendants jointly filed a motion for summary judgment, asserting that Brinko could not prevail on her claims because, among other reasons, she was an at-will employee with no employment contract. Following a hearing, the trial court granted summary judgment to the defendants on Brinko’s tort claims, but denied their motion for summary judgment on the due process claim. The court also granted, sua sponte, summary judgment to Brinko on her due process claim and ordered the defendants to provide her with a post-termination hearing.

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