Unsatisfactory work performance / Ohio

by William
(Ohio, USA)

I am a truck driver. I delivered to groceries out of a Brunswick, Ohio warehouse. I was terminated from employment on January, 5Th, 2010. I worked nights, usually starting around 9:00PM and finishing up at about 10:00AM.

I believe the last four days of my employment are at issue.
Friday night January, 8Th was my first night on my own, picking up bread from the bakery, for the warehouse. I had went out with another driver, 2 nights prior, on a training bread run. Part of the duties, are to clean up pallets on the dock and load them onto pallet trailers at the dock doors. Because of my inexperience, I cleaned up the dock first, then got the bread; three trailers full. Do to my cleaning up the dock first, I was an hour late, bringing the last bread trailer back to the warehouse. My supervisor gave me a verbal warning.
Saturday night I mis-delivered one stores cooler stock to another store.
Sunday morning, I became distracted by talking having the mechanic refill my oil and replace a headlamp, while I was at the fuel island. After fueling I had forgotten to hang up the passenger tank fuel hose and yanked it off the fuel pump when pulling away. The supervisor on duty did not give me a written, or verbal warning regarding the mis-delivery or yanking off the fuel hose, but said that the terminal manager would address it Monday morning.
Monday morning, I forgot 6 pallets of store cooler stock on the dock. When I arrived at the store, I realized what I had done, so when I was finished unloading, I went back to the warehouse, loaded the cooler stock and delivered it to the store.
Upon arriving back at the warehouse, I fueled and parked my truck and was called into the supervisors office. My supervisor had me accompany him
to the upstairs office and presented me with disciplinary paperwork for the incidents which occurred Friday, Saturday, Sunday and Monday. I was informed that I was being terminated. I asked to speak with our Employee Assistance Program and was told that Black Horse Carriers does not have an Employee Assistance Program.
I believe my only hope is in the details. Can an employer hold off on discipline, fire those an employee with several issues and terminate them all in the same day. Does Ohio require an employer to have progressive discipline: IE. verbal warning, written warning, disciplinary time off...before termination?
When I applied for unemployment, I used Lack Of Work as the reason. Experience in years passed, taught me that telling unemployment you were terminated leads to immediate denial of benefits.
Where I'm at now: My employer has raised the following; eligibility issue was raised: Discharge - Unsatisfactory work performance. The deadline date for my response is 02/22/2010. I can either respond on Ohio Department of Jobs and Family Services website, or I can call them.
I have to say, I'm not real hopeful. Is there any reason I can be hopeful of winning?



Well William, if it had been me .. I would not be giving up all hope. Can an employer do that? Yes, they can if they want.

I suggest Ohio's "legal abstract" to get you started researching your issues of Misconduct .. and possible fraud or misrepresentation of fact.

My suggestion as far as telling the department the reason you chose laid off instead of discharged was because you're stupid and didn't understand that there was a difference ... If you think my choice of the work stupid is disrespectful .. please stop thinking that .. because I mean seriously, feign stupidity because I can't think of one good excuse otherwise.

If you need any help William .. I offer my services:)

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by: William

Thank you for your comment. Especially; thank you for the Ohio's "legal abstract" link. I had been looking foe a link like that, but Google wasn't much help. You have given me hope. The key section in Ohio's "legal abstract" which gives me hope is "The critical issue is not whether the employee has violated a company rule. Rather, just cause for discharge exists when an employee's actions demonstrate an unreasonable disregard for an employer's best interests." Screw ups are not "disregard". They are mistakes. I never would have knowingly screwed up the way I did. I will request a phone consultation with you.


You mentioned one other thing William that I think you should use.

You said you had just completed training of some kind with another driver??

You didn't tell me how long you had been driving for this employer, but your mistakes .. led me to believe that you might be new at it .. if this is the case .. that's relevant to support a contention that your mistakes were negligent to such a degree as to support a counter argument that you were culpable be virtue of being negligent.

Trust me .. negligence is a word that when included in a state's definition of misconduct .. can make the recipiency rate go down in a state .. way down.

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