Search This Site.

The employer discharged the claimant for violating a company rule

by Anonymous
(Ohio)

Evidence supports negligence or willful disregard of the rule on the part of the claimant. Ohio's legal

standard that determines if a discharge is with just cause is whether the claimant's acts,omissions, or course of conduct were such that an ordinary person would find the discharge justifiable. After a review of the facts, this agency finds that the claimant was discharged with just cause under Section 4141.29(D)(2)(a), Ohio Revised Code.

This is the information I turned in to the Ohio Department of Job & Family Services, Office of Unemployment Compensation (Reasons(s) for filing the request for appeal:

I complained of company misconduct & workplace violence. Forced to work in hostile work environment subjected to unlawful harassment & unlawful retaliation. Was harassed and retaliated against after filing a workers compensation claim filing multiple discrimination workplace violence and assault charges. I engaged in protected activity and conduct employer knew about activity but continued to subject me to adverse employment actions
the protected activity contributed to the adverse actions. The infractions the employer alleges I was terminated for has no merit. Management and others have access by way of password to the community computer. It has always been a community computer with a community user name and password. Management violated local 7 contract article 2117.27 Procedure subsection (a) regarding time lines & subsection (d) regarding availability of pertinent records. Information was requested by union to management in
writing still have failed to provide. I was charged with a similar offense in conjunction with
the Internet offense was offered an arrangement by management. Management is attempting to convict me of two separate charges based upon the same conduct.



Hi Anonymous

Have the grievance procedures been completed?

I like your appeal letter. It just touches on the points you believe cause the determination to be erroneous and gives just enough information for the hearing officer to focus on in order to develop the facts.

Will a union rep be with you for the hearing?

Comments for The employer discharged the claimant for violating a company rule

Average Rating starstarstarstarstar

Click here to add your own comments

Sep 10, 2009
Rating
starstarstarstarstar
I WON MY APPEAL (OHIO)
by: JEAN

I recently received a decision letter that stated my application for determination of benefit rights is no longer disallowed due to a disqualifying separation from employment. The decision was reversed however either party can appeal by September 25, 2009. This information was mailed to me on September 4, 2009. I am just wondering how long it takes to actually get the back pay. It is close to $10,000 and I was told by ODJFS that I would be getting some type of Visa card in the mail. They also stated that I would have to wait until they receive verification from the Ohio Unemployment Compensation Review Commission. So I decided to try to put a rush on it by faxing my information to ODJFS for my county. I do not know if it with expedite the process any but I am prayerful. I will keep you guys advised, thanks for listening!:)

Jun 09, 2009
Rating
starstarstarstarstar
Ohio and Redeterminations
by: Chris - webmaster:)

Hi again,

Ohio regularly first issues a determination .. which must be appealed and then a redetermination .. which must be appealed. There is a possibility that providing documentation and naming names with a chronology of events that the determination may have been reversed, but the outcome would still be a hearing when the employer appealed. As I try to make abundantly clear, the way states do things vary so I advise to acquaint your self with your specific state's statutes.

The appeal of the redetermination will get the actual unemployment hearing scheduled.

I don't think it's a good idea for a self-representing unemployment claimant to include every single detail in an appeal letter because they have a tendency to become "overly" zealous and provide ammunition for an employer's rep. When they name names this just tells the employer which witnesses they would be wise to have or not have at the hearing. The best time to submit documents is when the hearing notice is received. The instructions will tell you how, what, when, where and why and to whom those documents need to go.

Here is what I don't understand though. If you have an attorney, why hasn't the attorney advised you on what you should put in the appeals. What exactly is he doing for you?

Unemployment hearing decisions may have an effect on the ability of a party to relitigate the same issue in another venue. I have no idea if Ohio is a state this needs to be considered as a concern. But since you have an attorney, they would know. If you copy an paste you can read a fairly decent article about this subject. It's a website for the other guys.

http://www.employeradvocates.com/cases/unemployment_case_basis_for_lawsuit.html






Jun 09, 2009
Rating
starstarstarstarstar
The employer discharged the claimant for violating a company rule
by: Anonymous

I thought the letter was sufficient I guess I was wrong because the UE re-determination unit still denied me. No the union will not be involved (only as a witness) but I do have an attorney. However, I am responsible for sending in another appeal on the denial of the re-determination. I really do not have a clue as to what other information I can provide to prove my case. I was advised by a friend to be more specific and use full names and dates of harm caused to me by management. I was under the impression to not put all my cards on the table until the actual hearing. In addition, I am not totally for sure if my next appeal will ensure a hearing.







Click here to add your own comments

Return to Unemployment Appeal Questions.

} }