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OldNellie
04-14-2009, 07:34 AM
I have a feeling I'm headed on the road to an unjustifed termination. I am able to argue warnings of work performance as unjustified, however I have a hard-headed supervior that appears to have a goal in mind of my termination regardless. If I am terminated, I will not be able to collect unemployment.
That said, does the state of Ohio have an arbitrator that will hear my appeal
and who is able to turn my termination to unjustifed and where I would be able to collect unemployment?

cbg
04-14-2009, 07:40 AM
I think you are confused about unemployment. If terminated, you WILL be able to collect unemployment unless the employer is able to prove to the satisfaction of the UI commission that you committed gross misconduct. And UI is geared in favor of the employee, not the employer. It's when you quit that you cannot collect unemployment.

However, if by some chance you are turned down for UI, there is an appeals process.

OldNellie
04-14-2009, 07:51 AM
Thanks for clearing up that misconceptioin. That said, I am concerned about my employer's reason for termination as it would be carried on my record that would / could affect my employer's recommendation or a negative response if my future employer would do any work history checks. Am I able to dispute the reason for termination and have that reversed if necessary through Ohio Unemployment?

Pattymd
04-14-2009, 08:02 AM
The unemployment commission has no authority to make the employer change its records.

OldNellie
04-14-2009, 08:11 AM
Being (possibley) termintated carries major reprocussions if the fact can be proven it was unjustified. Wouldn't that be defamation of character on my company's behalf? Who could I turn to in order to make sure my rreason for (possible) termination is acurately stated.

Pattymd
04-14-2009, 08:22 AM
There is no LAW that is going to make the employer change its records.

OldNellie
04-14-2009, 08:31 AM
What I hear you saying then is that my employer, if I am terminated, can terminate my employment for a falsehood and continue using that falsehhood
by passing on that falsehood to potential employers that jeopordizes my future employment with another company. As well as saying, I have no say in the matter of the reason of termination, whether it be manufactured or the truth. I have to accept my employer's reason for termination, state it upon future applications and live with it the rest of my life..........correct?

cbg
04-14-2009, 08:40 AM
Okay, first of all, you haven't even been terminated yet.

Second, if you are terminated, you don't know what the reason will be.

Third, if at some future time you incur ACTUAL DAMAGES due to a FALSE (as opposed to an opinion you do not agree with) reference there will be legal action you can take.

So calm down.

OldNellie
04-14-2009, 08:59 AM
Calm down.....easy for you to say. I'm just trying to be prepared as to what actions I need to take. I am working two jobs to make ends meet. I make enough money with my second job that will most likely make me unqualified for any unemployment compensation. Neither job supplies medical. Im on my own there.

The company I work for was recently purchased by a larger organization. The new employer has introducted new work rules that define steps in termination.
Within a month I've rec'd a verbal and two writtens. One more written and I'm history. Based on what they're throwing at me, it won't be long until I'm gone. That said, they've introduced new equipment, I'm still using the old. They check my work with the new which is much easier to pick up mistakes with then the old. I've complained if they let me use the same equipment and I'll guarantee those errors will be no more. They've agreed to get me the same equipment that others use, however the verbal and writtens still stand.
Basically other workers have up to date and more efficient equipment to use, but we are all being evaluated if all equipment was the same and equal of which it certainly isn't.

I've been in this type of business for 30 years. I know my job, but newer equipment allows errors to jump out and be seen more readily then the old.

Trying to prove any backlash this will have in the future, as you know, will be near impossible, unless I bring out the unequal means of evaluation now and have my records changed which will have to be done by force as the employer will not admit to their imperfections. Sorry you can not give me any better advice, but thanks to what you did have to offer.

cbg
04-14-2009, 09:12 AM
There is NO law that is going to force the employer to change their records. It will take a court order.

Pattymd
04-14-2009, 09:16 AM
Being fired is not going to keep you from getting another job forever.

OldNellie
04-14-2009, 09:19 AM
There may be no law, but there is the moral and ethical appeal to the higher ups in the company through HR that may agree to strike the reason off the record. They can make their point of using me as an example if they so choose. What goes around, comes around.........amen.

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