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Thread: Fired for getting married -- employer fighting UC Ohio

  1. #1
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    Default Fired for getting married -- employer fighting UC Ohio

    I'm relocating this from the Hiring/Firing forum because I've gone off topic....

    These are my updated posts, which deal with the UC:

    Update:

    The morning after the threat to call the cops on me, I was called in and fired. The employer must have realized that was a bad move on his part. He was beyond cordial to me. Told me I had done nothing wrong, that they simply needed to adhere to policy, and that if a position were open at another office he would try to make it available to me.

    I went on to apply for unemployment compensation. I knew there should be no problem with my claim being approved, but I also know that my employer has a history of fighting unemployment cases. My husband has been in meetings with him where he stated that he does not believe in unemployment and will never pay somebody who doesn't work for him. So I knew things wouldn't be that simple. I also spoke to a former coworker who had gone through this. The employer appealed his determination 3 times until it was overturned and my former coworker had to pay back all of the money he had received. I'm terrified of this happening to me. I know they fight dirty and I'm not sure what my options are. I feel that it's pretty much a he-said, she-said situation. I believe that they fight unemployment claims not on the basis of merit but as a general rule.

    Despite initial opposition from my employer, I was approved for UC after giving my rebuttal. Their argument was that I knew about the policy in advance because the former Director of Operations had a meeting with my husband and I in September. This meeting never occured and that information is competely false. Unfortunately, that individual is no longer employed there and has been unavailable for comment thus far.

    Two weeks later, my employer has appealed -- now stating that I knew about the policy upon hire (not even close to true -- I have serious doubts that the policy even existed then, if at all). They enclosed documents with their appeal but I was unable to see them so I have no idea what they are trying to use. I mailed back my reasons for disagreement along with a copy of the employee handbook (in which no such policy exists). I'm now waiting for the redetermination.

    I know that even though I have a strong chance of winning this one, they will most certainly appeal again. I know that they are not above lying and falsifying information, as they've done it a couple of times already. I'm pretty much at a loss as to what to do next.

    The more I think about it, the more I feel that I was being targeted and that this whole situation was more about me than about my and my husband's marriage; however, I know I don't have a strong case or evidence supporting this. Rumors float around that this company wouldn't hire females at all if they could get away with it. My husband didn't have a threat made against his job if one of us didn't resign - only I. The employer stated that I was the one fired on the basis of seniority, which does make sense, but I feel that just happened to be convenient for them. I also have a few reasons that I believe may have caused the employer to have personal disdain against me. 1) I was looking for other employment. Apparently he had caught wind of this because it was thrown in my face during the very first meeting. 2) I once posted, on Facebook, a picture of bruises on my knees which were caused at work in a physical restraint (yes, this is normal for the job). Somebody showed this to the employer, he was not happy, but there wasn't much he could do about it so I was told I couldn't come back to work until I was cleared by a doctor -- for bruises. Basically they just wanted to be a pain in my ***. The doctor thought I was nuts. 3) I was cause for them losing, arguably, the strongest member of their management team. My husband took a demotion when we started dating. Our options were either that or one of us quit. I don't think the employer expected my husband to give up his position. The employer also continually expressed high regard for my husband and no consideration for me. When my husband and I first met with him about our marriage/employment, he repeatedly said that he had continued to let us work together throughout our dating and engagement because he "likes Jack," and as "a favor to Jack," and because he "didn't want to hurt Jack." To my face.

    Anyway, I know I'm just rambling now but I wanted to provide as much background as possible. Thoughts, advice, comments, help?

    -----------------------------------------------------

    I firmly believe that my case is deserving of UC benefits and I think most would agree. There has never been proof that I was fired for any valid reason (I still don't believe this policy exists unless it was typed up last month) -- members of the management team even seemed clueless. The ODJFS initial determination stated that the employer failed to establish negligence or willful disregard of policy on my part. Unfortunately, this company has never encountered any other at-work couples so they were clueless how to deal with us (which also supports my belief that there was no concrete policy) and we have no other examples to compare my situation to.

    I'm just not sure of the best way to approach things if they continue to be dishonest and appeal relentlessly. I know they don't have a leg to stand on so they'll have to resort to desperate measures. And obviously they are far more experienced with this process than I am.




    And this is my original post with background info:

    Last week, our employer had a meeting with my fiance and I (we work at the same place). He told us that one of us would need to leave once we are married (this Saturday). He stated the the company has a policy against married couples working there (although they have many other sets of relatives working there). This policy is not in the handbook and when I asked to see it, I was denied (legal?). The company seemed to assume that I would be the one leaving. I never told them this and it was never specified which of us had to leave.

    Today the owner asked my fiance which one of us would be quitting. My fiance stated that neither of us intend to resign. We don't want to forfeit our unemployment benefits since we have done nothing wrong and were given such short notice. The owner went on to say that he has heard rumors that I would be continuing to show up for my regular shift. He stated that if I do so, the sheriff will be called on me. He said that this will be both very embarrassing for me and very bad for my fiance as well. His intention seems to be making me too scared to come to work, in which case I would be resigning by default. How can one call the cops on somebody who has not been terminated [yet] and who has not resigned? And is it legal to use these sort of tactics to get somebody to resign?

    He knows that he has no reason to fire me; he told my fiance that I have done nothing wrong. Of course he could go on to terminate me without reason, but then he would have to pay unemployment. It also seems interesting to me that, while my fiance and I are in the exact same situation and neither of us have turned in a resignation, there was nothing mentioned about calling the cops on *him* when he shows up for work.

  2. #2

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    Just be honest at the appeals hearing. Its the employer right to appeal just as much as it is your right to file.

    You seem to insinuate that the company wanted you to resign but not your husband (which is irrelevant since you were fired); but your husband did receive a demotion when you started dating. If you tried to make a discrimination claim, this would certainly hurt your case.

    Its not illegal for the company to "like jack" or "not want to hurt jack".

  3. #3
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    Default

    FYI relocating was not necessary. We don't get that picky about threads being in the exact perfect location. It was all one situation - even though the focus changed it was fine right where it was, as Marketeer already told you. It's by no means uncommon for a situation to fit more than one topic head. Please don't make it more confusing for the responders by moving it back and forth - pick ONE forum and leave it there.
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

  4. #4
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    I never said I believed that to be illegal. I was just providing additional info. And perhaps venting a little.

    I also don't believe I have a case in regards to discrimination.

    Yes, it is their right to appeal. The option is there, it takes little effort, why not? What I feel is going to hurt me is their dishonesty and complete disregard for the specifics of my case -- I could have been fired for being the best employee in the world and they would fight it.

    My employer has much more experience in this than I do. I guess what I'm looking for is any specific info on how the appeals and subsequent hearings will go, what information I will have the opportunity to provide, will there be any chance for me to expose them in one of their lies, any input from someone who knows how the system works, etc.

    I suppose it would also be helpful to get any info on what may happen if they ultimately do get the decision overturned. I know my last resort after the final ODJFS hearing is common pleas court. That's about all I know. I don't know if the money I'd spend on an attorney is worth the money I'm getting out of this, but I'm sure their attorney will be involved in all parts which obviously gives them an advantage. Is having to pay back benefits received standard? How does that work, is there interest, etc. I certainly don't have that money to pull out of my pocket and give to them.

  5. #5
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    Apologies to cgb. I relocated the post before I saw Marketeers reply. Wasn't really sure how large this board is or how easily things get lost.

  6. #6
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