In Ohio, employees who lose their jobs through no fault of their own are eligible for unemployment compensation benefits. However, those discharged for "just cause" may be disqualified from receiving these benefits under Ohio Revised Code § 4141.29(D).

Defining Just Cause in Ohio

Ohio courts have determined that just cause does not have a fixed definition. Rather, it is understood as a reason that would seem justifiable to an ordinarily intelligent person, one that would lead a reasonable person to take similar action under comparable circumstances. Each case must be assessed based on its unique facts and circumstances.

The main principle in determining just cause is whether granting unemployment benefits aligns with the purpose of unemployment compensation: to provide financial support to individuals who become unemployed through no fault of their own.

The Essential Component: Employee Fault

For a termination to be considered just cause under unemployment compensation law, there must be clear evidence of fault on the employee's part. This requirement differentiates cases in which an employee is responsible for their job loss from those where external factors are to blame. When employees are at fault, they transition from being victims of circumstance to being accountable for their unemployment.

The Standard for Just Cause

It is important to note that not every mistake or rules violation qualifies as just cause. The law examines both the severity and nature of the employee's fault, as well as the extent to which they showed disregard for their employer's interests. A mere connection between the termination and the employee's conduct is not enough to establish just cause.

Employee Perspective vs. Employer Rules

When assessing just cause, the evaluation should be made from the employee's perspective rather than the employer's. The key issue is not solely whether an employee violated a company rule, but whether their actions exhibited an unreasonable disregard for the employer's best interests.

The standard for just cause in unemployment compensation cases is often more stringent than the standard for justified termination in other employment situations. An employer may have valid reasons for terminating an employee that do not necessarily qualify as just cause for denying unemployment benefits.

Policy Violations and Fair Application

When termination is based on a policy violation, the policy must be both fair and applied consistently to constitute just cause. This requires that the policy has been:

• Clearly communicated to the employee

• Applied equally to all employees

• Consistently enforced

Progressive Discipline

When an employer has established a progressive disciplinary system, failure to adhere to these procedures can undermine a finding of just cause. Employees depend on these systems, and fairness dictates that they should not face more severe discipline than what company policy specifies. Even when policies allow for discretion in applying disciplinary measures, such discretion must be exercised fairly and consistently.

Performance-Based Terminations

For poor job performance to qualify as just cause, several conditions must be met:

• The employee failed to perform required duties

• The employer's expectations were communicated at the time of hire

• Those expectations were reasonable

• Job requirements remained consistent since the date of hire

The Review Commission is restricted to reviewing only the reasons cited by the employer at the time of termination when assessing whether just cause existed. The decision must be based solely on the original reasons provided for the discharge.