Fired for missing and calling off 3 days within my probationary period of 90 days? Ohio

by Aron Lichtenberger

(Delphos, Ohio, United States)

Okay, I was fired due to me missing/calling off with indicative reasons each time. Once with an actual Floor Manager (?), the other two times on the Human Resources Mngrs. voicemail. Each time was indicated as to why I was not coming into work. I called off the first time was during the first month of my probationary period for a personal day due to Family Issues, to the Floor Mngr. (?), the second time was during the second month of my probationary period due to a sickness, a call made into the HR, the third time was during the third month of my probationary period due to a sickness, a call made into the HR for that one as well. There seems to have been a pattern here with this company of them not being as responsible to check and verify their Voicemails as they should. Nevertheless, I was called into the “Meeting Room” of this company by the Floor Mngr. (?)-the question mark is placed there only because I have no idea who this guy officially was, due to their lack of introduction, and there was the 3rd shift supervisor along with this fellow. The Supervisor pulls out this documented peice of paper for discharge that describes the reasons why I am losing my job. The document was inaccurate so I refused to sign it until they were willing to reissue another document that was accurate. The information that was contained in the document of discharge was based on the facts that I was absent 3 days during my probationary period of employment and that only 2 days out of the 3 was there calls made verifying the absences. I told them that that was incorrect so I was not signing the document. The Supervisor wrote in the Employmees Signature box “Employee refused to sign”. I felt, even though I may not be able to prove it for sure, that I expressed in the “Meeting Room”, that there was some discriminating factors involved between the “Floor Mngr.” and two other employees. I was asked to clock out and get my stuff and that the Floor Mngr. would show me to the door. Prior to this I was never wrote up nor was I given any kind of a warning. Can they do this? Should they have just cause to fire me? Is this grounds for not getting unemployment? Needless to say that I tried to reopen an existing claim with the unemployment agency (ODJFS) from my last job in which I was officially on lay-off status from that I was hoping to draw on. But I thought, if you can help me to better understand, that I could draw off of that existing claim. Unless the former existing claim is cancelled out once you start a new job? There I spilled the beans..Please help me!

Hi Aron,

I don’t know if the state will decide whether it is just cause or not, but I’m leaning toward Yes.

In your situation, coming from a claim for unemployment for which you were found eligible and then returning to work at a different job, it is the “Last Employment” that is now controlling whether you will be able to get the benefits you had formerly been entitled to.

If you are denied because the state says this separation was caused by your misconduct .. you won’t get any benefits.