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Section 4141.29(D)(2)(a), Ohio Revised Code - Unemployment - stated just cause- would it be worth it to appeal? I was a bank mgr

Kent, OH |

VP Consumer Lending notified my boss that my employee was calling and emailing numerous employees in the loan department to inquire about her relative. Another employee was the loan officer. When I found out about my employee calling on her relatives loan I told her to stay away from it and wrote her up and put it in her file and told the loan officer that the employee will stay away from the loan. I talked to the VP of Consumer lending and told her that I talked to the employee. The emp.still inquired about the loan to the dept. when I left the office. I ordered the docs for the loan and cc the loan officer and the employee. The Loan dep. sent the docs to the emp.(relative) and not the loan office. I recived a final written warning 2-12. Policies & Procedures. Lack of judgment

Attorney Answers 2


Generally, if a claim is initially disallowed, the employee can request reconsideration. At that point, the Department of Job and Family Services makes another decision. If the claim is still disallowed, the employee-claimant can appeal to the Unemployment Compensation Review Commission. At that point a hearing officer will conduct an evidentiary hearing, usually over the telephone but sometimes in-person if requested by one of the parties. Once the hearing officer rules, an appeal can be made to the Review Commission itself, and from there a losing party can appeal to the common pleas court.
Your question does not indicate at which step your unemployment compensation claim is pending. Assuming you still have appeal rights, you should appeal a decision that disallowed your claim. As the paperwork you received probably indicated, a person who is terminated is entitled to unemployment compensation benefits unless the employer shows it had just cause for the termination. The facts of your case as set forth in your question suggest to me that your employer did not have just cause, so I think it would probably be worthwhile to appeal. You should consult a lawyer to determine if you need representation at the hearing step or in the court appeal, and what the costs of that representation would be.

Please note that this answer does not constitute legal advice. It is merely intended to provide general information to aid the poster in finding answers to the problem posed. This answer does not create an attorney-client relationship. In most cases, it is best to contact an attorney directly to find answers to your problems.

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You do have the right to appeal the decision, if you feel that your termination was not for just cause. Without knowing the specific facts of your case, I cannot determine whether it will be worthwhile to pursue an appeal and, of course, there is no guarantee that the UCRC would find in your favor.

I would recommend that you speak with an employment attorney who can answer your specific questions, and, if you do decided to pursue an appeal, assist you through the hearing process.

Lori A. Strobl
Strobl & Associates, Co. L.P.A.
1015 E. Centerville Station Road
Centerville, Ohio 45459
(937) 496-1450

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