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The 11th District affirms that the Unemployment Compensation Review Commission and its hearing officers are "not permitted to reference a reason for the claimant's discharge other than the reason stated by the employer."
Read MoreThe 8th District holds that the CMHA lacked sufficient evidence to terminate an employee with just cause for taking an application envelope out of an office, when it could not should which envelope the employee took out of the office.
Read MoreEmployees will be ineligible for unemployment compensation when terminated for poor performance and the employer shows: (1) the employee does not perform required work; (2) the employer made its expectations known at the time of hire; (3) those expectations are reasonable; and (4) the requirements of the job have not changed since the date of hire.
Read MoreCompany found to have just cause to terminate its president when he is absent from work due to a heart attack and other medical concerns, when he did not turn in medical documentation even though he was never requested to do so by his brother, the vice-president.
Read MoreThe First District concludes that, when presented with conflicting evidence, the Review Commission's decision awarding benefits should not be disturbed, affirming that, "the fact that reasonable minds might reach different conclusions is not basis for the reversal of the [hearing officer's] decision."
Read MoreThe Sixth District affirms a UCRC decision granting unemployment benefits to an individual accused of violating a cellphone policy, where the hearing officer gave more credibility to the claimant's testimony during the hearing than to hearsay statements relied upon by the employer.
Read MoreThe 8th District affirms a denial of unemployment benefits to an employee who stored files, including pornographic files, on his work computer, holding that rules applying to the State Personnel Board of Review do not apply to unemployment benefits.
Read MoreThe Sixth District affirms that fault is an essential component to just cause and explains it, "will not disrupt the hearing officer's decision to accord more weight to claimant's live testimony over the appellant's hearsay evidence."
Read MoreThe Twelfth District affirms a denial of unemployment benefits due to a resignation without just cause, declining to find a constructive discharge from being placed on the first step of progressive discipline even though the Employer told the employee that it did not think she was going to work out.
Read MoreEmployees who have been terminated should try to discover whether their employer had a progressive discipline policy and review whether it was followed. If the employer did not follow their progressive discipline policy, there may be a good argument that it did not have just cause to terminate the employment relationship.
Read MoreTo qualify for unemployment after a resignation, an employee should first notify their employer of the problems they are experiencing at work and give the employer an opportunity to correct them. Documentation is important as well.
Read MoreI am an attorney with Sivinski Law Offices, providing legal representation for labor and employment issues, criminal defense, DUI defense, and family law. I am admitted to practice in the State of Ohio, the United States District Court for the Northern and Southern Districts of Ohio, and the United States Court of Appeals for the Sixth Circuit.
I am also a father ofthree lively children, a member of St. Peter's Catholic church in Huron, and we enjoy all opportunities to get outdoors to cycle, hike, fish, play catch with our redbone coonhound Duke, barbecue, and to explore my enjoyment of photography.
by Brian J. Smith, Esq
The Law Offices of Brian J. Smith, ltd.
20545 Center Ridge Road, Suite 215, Rocky River, Ohio 44116
800-641-1970
https://www.BrianSmithLaw.com
Criminal Defense - DUI Defense - Unemployment Appeals - Union Labor Law
Unemployment Appeals and Union Labor Law service areas include the State of Ohio.
Criminal and OVI services areas include: Cuyahoga, Erie, Huron, Ottawa, Lorain, Lake, Medina, Sandusky and Geauga Counties
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