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I was denied unemployment benefits due to I was discharged for just cause. I want to file an appeal. Do I have a chance to win?

Springfield, OH |

I made mistakes in my previous job. All mistakes are first time and not intentional. They gave me a several warning, but not for same mistakes. Due to increased stress, overworked, and understaffed, I might have made some bad calls and being inefficient (once a while). The employer discharged me because I was not able to perform the required work and discharged for just cause and all of the criteria were met: 1. The individual did not perform the required work; 2. The employer made known its expectations of the individual at the time of hire; 3. The expectations were reasonable; and 4. The requirements of the job did not change since the date of hire for that particular position. this agency finds that I was discharged with just cause under Section 4141.29(D)(2)(a), Ohio Revised Code

Attorney Answers 3


First, I want to point out that I am licensed in North Carolina, whose laws may be somewhat different than those in Ohio. With that being said, I believe you could have an argument that you should not be disqualified for unemployment benefits. If you were performing your job to the best of your ability and you feel like a lack of training and/or ability is what caused the mistakes, then that should not disqualify you. Of course, as with most legal issues, the best argument doesn't always win. I think it would be beneficial for you to consult with a local attorney familiar with unemployment hearings. I believe that would drastically help you chances of being successful.

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You're not saying whether it was an initial determination, or a denial by a hearing officer. If it was an initial determination, you can appeal to have a hearing before a hearing officer. It sounds like you were let go for just cause, due to mistakes which you acknowledge. If you decide to appeal, you might want to focus on the conditions of your job that may have caused you to make mistakes. And if your mistakes were all first time only mistakes, you might want to argue that the third criteria wasn't met, that your employer's expectations weren't reasonable. From what you've presented however, I think an appeal would be a longshot, but hopefully for your sake I'm proven wrong.

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Your best bet is to consult and attorney who specializes in employment law. The information available through this site is not, nor intended to be, legal advice. You should contact an attorney to discuss your own personal set of circumstances. Past results do not guarantee future results. Each case is unique and should be judged on its own merits. The choice of an attorney is an important decision and should not be based solely upon advertisements.

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