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I was terminated in Ohio and the reason given was for poor job perfomance/unable to perform required work.

by Pam
(Dayton Ohio)

I was hired in Jan. 2006 as a data entry biller. While I had never been a typist full time I felt I would be able to perform the job satisfactorily. The requirements at time of hire was 55 bills per hour and 1.5% error goal. An error report was distributed weekly showing job performance of all billers in the department. Above the individual billers name was the bills per hour typed and the error percentage rate. Most comments were negative on my report. Things like bills per hour not high enough. Error percentage not at goal of 1%. There were 13 items that needed to be searched for on each bill within the 60 second time frame. Periodically during the evening the boss would email the billers complaining we were off our goal, or to many billers were off the clock etc. This would begin a pace of rushing through the bills to get them done and at a higher bill per hour rate. I would be called into the office to be told I had made an error and offer suggestions as to how to keep from making them. I would put these suggestions to use, but during the rush of billing errors would still be made. It seemed a campaign was in force beginning the first of the year when the company began feeling the effects of the economy. I received my emails from my boss during the evenings, or I would have a note on my desk, with printouts of my errors. I ended up with Tendonitis but continued to work never missing due to the pain. The constant complaints began causing depression, anxiety, and panic attacks. I eventually sought medical attention because I couldn't concentrate on anything besides making mistakes and was given an anti-depressant. My bills per hour did drop from 54 bills per hour to 50 bills per hour during this time. A termination began in at least 4 departments beginning

the end of July. I was terminated the first week in August. I have contact with the women that were terminated before me for making mistakes and they are collecting unemployment. Ohio denied my claim stating after reviewing I was discharged for just cause. I filed an appeal with the Redetermination Unit and sent in emails I had saved from my employer, medical documentation and copies of the departement error reports. Again Ohio denied my claim stating that they upheld there decision that the company was within there right to terminate me for not performing the required work. At this point do I stand a chance of overturning the states decision with the help of an attorney?

Hi Pam,

Yes, I think you stand a chance of overturning the decision .. with an attorney or even without an attorney if are able to present your case and raise the important facts that suggest misdoncuct did not exist. You haven't made it to a hearing yet .. It's just that the State of Ohio didn't redetermine in your favor. An appeal of the "redetermination" will result in a hearing.

If you can afford an attorney .. it would probably be a good idea .. considering that the denials thus far are probably because of something you said .. or more likely because your focus was based more upon excuses for failing to attain goals and standards .. instead of your "inability" to attain goals and standards.

Please understand that this is a very general assessment from the little information you have provided.

These other women .. did they lose their jobs for the same reason? Did they work for the employer as long as you? Was the employer aware of your tendonitis? Were you able to attain goals at anytime during your employment?

The list of questions goes on.

You may find some of the information provided here by the Ohio Review Commission helpful for focusing your hearing preparation.

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