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Thread: Discharged Without Cause - Do I have a case? - Ohio

  1. #1
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    Default Discharged Without Cause - Do I have a case? - Ohio

    So, I am recently unemployed and new to the unemployment compensation system. I filed for my benefits and was recently approved. However, I noticed this statement at the bottom of the page (employer and date redacted by me):

    "The claimant was discharged by [INSERT EMPLOYER HERE] on [INSERT DATE HERE].The employer discharged the claimant because he/she was not able to perform the required work. An individual discharged for this reason may be found at fault and, therefore, discharged for just cause if each of the following conditions have been met:

    1. The individual did not perform the required work;
    2. The employer made known the expectations of the individual at the time of hire;
    3. The expectations were reasonable; and
    4. The requirements of the job did not change since the date of hire for that particular position.

    In this specific case, the employer has not established that all of the above conditions have been met. Ohio's legal standard that determines if a discharge is without just cause is whether the claimant's acts, omissions, or course of conduct were such that an ordinary person would find the discharge not justifiable. After a review of the facts, this agency finds that the claimant was discharged without just cause under Section 4141.29(D)(2)(a),Ohio Revised Code."

    When I applied for my compensation benefits, I wrote a multi-page, multi-paragraph letter explaining how I did nothing out of the ordinary and my becoming unemployed was not my fault. Since the Ohio Department of Job and Family Services (ODJFS) has found that I was discharged without cause, do I have a legal case to stand on as far as bringing a civil case against my former employer?

  2. #2
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    Employment in Ohio is at will (outside of being in a union or having a written contract) so the company could have fired you without even giving you a reason or having a reason.

    Ohio's decision meant that your behavior that caused the termination did not rise to the level where you could, under law, be refused unemployment benefits.

  3. #3
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    The large majority of people collecting unemployment benefits were legally discharged and do not have a "case" of any kind. In 49 out of 50 states, including Ohio (and occasionally even in the 50th) it is legal to fire someone for no cause. You have posted nothing to suggest that you are in the minority or that you have any kind of legal claim against the employer.
    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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    That brings me to this thread I made in another forum about being a union employee

    http://www.laborlawtalk.com/showthre...94#post1253894

  5. #5
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    There is no law that requires a cause (most states are "at will" so either side can terminate the relationship at any time for any nondiscriminatory reason). That is totally separate from how a state chooses to decide if the employee is eligible for unemployment benefits (usually because the termination is through no fault of the employee). That language just lets the employer/employee know what the employer has to prove to fight the unemployment decision.

    No you do not have any case unless there are details you are leaving out -- since you were also covered under the union, the CBA does come into play but in your other post you claim you were probationary, so I tend to doubt much union protection unless the employer went way out of bounds in terminating you.

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