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When workplace conflicts escalate to physical altercations, the consequences extend far beyond immediate disciplinary action. Understanding how Ohio law treats workplace fighting proves essential for workers who need to protect both their jobs and their potential eligibility for unemployment compensation.
Read MoreThe question of whether an employee who is fired for using profanity can receive unemployment benefits requires careful analysis. While workplace profanity is never professional, not every instance of swearing justifies denying an employee unemployment compensation. Let's explore how Ohio law approaches this nuanced issue.
Read MoreUnderstanding what constitutes "just cause" for termination in Ohio unemployment cases requires careful examination of both general principles and specific workplace policies. This analysis becomes particularly important when employers maintain progressive discipline systems, as these policies create specific expectations and obligations that affect unemployment eligibility.
Read MoreThe 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 MoreEmployers often challenge unemployment compensation for employees terminated with a no-fault attendance policy, however, such employees remain eligible unless the employer can show just cause for the termination.
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 Second District holds that an employer lacks just cause to terminate an employee for refusing to stop taking prescription morphine, even if he does not ask the doctor for alternative treatments. Additionally, an employer may not justify reasons for a termination other than those actually used.
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 MoreExperienced attorney with 20 years of legal expertise in OVI/DUI defense, criminal defense, labor union law, and employment law. Admitted to practice in Ohio, the U.S. District Courts for Northern and Southern Ohio, and the Sixth Circuit Court of Appeals.
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: Ashtabula, Cuyahoga, Erie, Geauga, Huron, Lake, Lorain, Ottawa, Portage, Sandusky, and Summit, Counties, including the cities of Amherst, Avon, Avon Lake, Bay Village, Beachwood, Bedford, Bellevue, Berea, Brecksville, Brook Park, Brooklyn, Chagrin Falls, Chardon, Cleveland, Cleveland Heights, Clyde, Cuyahoga Heights, Elyria, Euclid, Fairview Park, Fremont, Garfield Heights, Gates Mills, Highland Heights, Huron, Independence, Kent, Lakewood, Linndale, Lorain, Lyndhurst, Maple Heights, Mayfield Heights, Mentor, Middleburg Heights, Newburgh Heights, North Olmsted, North Randall, North Ridgeville, Norwalk, Oberlin, Painesville, Parma, Pepper Pike, Port Clinton, Ravenna, Richmond Heights, Rocky River, Sandusky, Seven Hills, Shaker Heights, Sheffield Village, Sheffield Lake, South Euclid, Stow, Summit County, University Heights, Valley View, Vermilion, Westlake, Willoughby, and Woodville.
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