Hi,

I have a question regarding unemployment benefits in Ohio.

I was fired on 11/27/06, and have been unable to collect unemployment benefits. See time line of the series of events that transpired.

July 2004 - start with the company in a buyer position
August 2005 - start an analyst position
Feb 2006 - company reorganized and I got a new boss - this is where the trouble began. My new boss never liked me - even when I didnt work for him.
Feb 2006 - May 2006 - constantly called in the bosses office (about once a week) and my work was critized. I took it as feedback and continued to do my work the best that I could.
June 14, 2006 - I was supposed to get my review, but during my review meeting, I was informed that I would not be receiveing a review, and was handed my NEW job description and told I would be receiving a verbal warning.
June 28, 2006 - received formal verbal warning. complaints were that I have errors in my work, and that I do not get my work done on time. I did have errors in my work, but I was never notified that my job had changed, until 2 week prior when I got my new job description - and I was never trained on new position. The part about being late on my work was untrue. I went through my emails and I was ALWAYS early on my deadlines. At this point I was given 90 days to improve.

At this point, *I* intiated weekly meetings with my boss to review my work until it was satisfactory. The meeting turned out to be counter productive - him accusing me of not doing enough work when I had done WAY more than my counterparts.

Sept 2006 - delivered first written warning with the same complaints. However, my boss told me verbally that I was improving!!!!!!! This write up stemmed from a disagreement he and I had over wheather or not I had told him that I was having computer problems. He said that I didnt tell him, and I said that I did and I even had it in an email. He got so mad at me that he stormed out of the room and into his bosses office. The next day, I was written up. Given 60 days to improve.

Oct 5, 2006 - written up for lying, but never told what I lied about - even after I asked. Given 30 days to improve.

Oct 6, 2006 - Oct 30, 2006 - FMLA leave for migraines and serious depression.

Nov 27, 2006 - FIRED! Reason stated is that they dont not feel that I am capable or willing to do my job. It is written in my separation agreement that they agree not to contest my unemployment claim.

Now, I am not trying to sue my former employer, I understand that no matter how disgusting their actions were, they were completely legal. (and I am leaving a lot of it out.... like how my boss would manipulate and lie to me - and even became physically threatening on a few occasions) And I understand that they wrote me up 3 times, but they were for reasons that were not true. I did have some mistakes in my work, but they were normal learning curve mistakes that anyone new to the position would make. But my work was never late eventhough they wrote me up for it.

I was denied UE with my first application for poor performace. Then I appealed with more facts, and my appeal was denied for the same reason.

So, I want to appeal again, but do I have any chance at all?

Was the second appeal you refer to a hearing with the UC Division?

Yes, when I called they said that the next appeal will be a hearing. I assume it us with the unemployemnt office.

I forgot to mention that the second appeal is upcoming; I have only filed a first appeal thus far.

I think you may be confused. In OH, after filing you receive an intitial determination. The aggrieved party then has a right to request a re-determination. The vast majority of the time the ODJFS affirms the determination. Then, and only then, do you have the right to request a hearing before a Hearing Officer.

Based on what you provided, you should most definitely do so and have a good chance of prevailing.

As an aside, your employer expression, even if written, that they will not contest unemployment is meaningless. Only the state determines whether or not you can collect and I serioulsy doubt whether the reneged on the "offer" would be actionable. However, hopefully it will signify that they will not appear at the hearing where the burden of proof lies entirely with them. No evidence ... no proof ... you are eligible. ;)

I think you may be confused. In OH, after filing you receive an intitial determination. The aggrieved party then has a right to request a re-determination. The vast majority of the time the ODJFS affirms the determination. Then, and only then, do you have the right to request a hearing before a Hearing Officer.

Based on what you provided, you should most definitely do so and have a good chance of prevailing.

As an aside, your employer expression, even if written, that they will not contest unemployment is meaningless. Only the state determines whether or not you can collect and I serioulsy doubt whether the reneged on the "offer" would be actionable. However, hopefully it will signify that they will not appear at the hearing where the burden of proof lies entirely with them. No evidence ... no proof ... you are eligible. ;)


I think you are right. I applied for a re-determination - I thought it was aka "appeal". I am appealing again which will be a meeting. Do you think that I need representation? I have read that they are harsher on people who have attorneys, but I get so nervous during these types of things that I would like to have someone help me.

And I understand that the state made the desicion on my case, but when I sent in the re-determination request, I wrote pretty much the same thing as in my first post - only I included examples and it was in paragraph form.

So, my next question, if they already know the story, would it still be worth appealing assuming that the employer will show up? If the employer shows up, do I have a leg to stand on? I ask b/c I have never had performance problems at work in my life (18+ year work experience). My boss never liked me and it showed - even to other people. I guess I am confused on why we need a next step when they already have all the information that I have.

Thanks!

It is absolutely not true that parties are treated more harshly if they are represented. However, if the attorney or representative is a jerk ... :eek:

The hearing will be held de novo which means "anew." In other words, everything that happened before, including your determination and re-determination are irrelevant. Rather, the Referee is bound to base his/her decision based solely on the testimony and evidence before him or her. These hearings involve sworn testimony and a loose adeherence to the rules of evidence.

Based on what you have posted, you were discharged for poor performance, which generally does not constitute willful misconduct. IMHO, regardless of whether your employer appears you have a pretty good argument. Of course, if they do not appear it is all but a foregone conclusion that you prevail.

You should appeal. You should prepare as if your employer will appear. And you should investigate whether you need/want legal counsel.

Thank you for the replies. I really appreciate it.

I will get representation. I do not trust my previous company and I think they will lie if they show up. They lied pretty much through out the whole time I was under corrective counseling. I am not saying that I was a perfect employee - I was new to the position and I did make mistakes (little ones), but I did give it an honest try.

Unfortunately for me, I think that poor performance does constitue willful misconduct in Ohio because they kept writing me up and letting me know my job was in danger.

I'll give it a shot. I am hoping that they will not show up, but if they do, I am hoping that we can show that no matter what I did to try to fix the situation, nothing helped. They didnt offer any solutions to help "council" me.

Unfortunately for me, I think that poor performance does constitue willful misconduct in Ohio because they kept writing me up and letting me know my job was in danger.

I know for a fact that it does not ... at least for purposes of unemployment law, which is all you are concerned about right now.