Unjust Discharge
My unemploment determination stated: After a review of the facts, this agency finds that the claimant was discharged without just cause under section 4141.29(D)(2)(a), ohio revised code. What does this mean and should I purse legal matters to try to get compensation for them ruining the last few months financially for me?
1 answer | asked Jul 9, 2007 3:38 PM [EST] | applies to Ohio
Answers (1)
You are winning your unemployment compensation claim
The determination means that you are entitled to unemployment compensation benefits. If you had been terminated for cause, you would not have been eligible for unemployment compensation benefits.
The determination does not mean that your employer is liable for anything other than unemployment compensation benefits. First, if you were an employee at will, your employer was free to terminate your employment with or without cause. The cause determination thus probably has meaning only for unemployment compensation purposes. Second, even if you had a contract of employment that allowed you to be terminated only for cause, Ohio's unemployment compensation law specifically prohibits the use of an unemployment comp determination in any other court proceeding. Thus, you would have to prove your case in the other proceeding without reference to what Jobs and Family Services found.
So, the good news is you should receive your benefits. The bad news is that the decision does not establish any other claim for you. If you believe that you have other claims, consult with an attorney to see whether it makes sense for you to pursue them.
Best regards,
Neil.
posted by Neil Klingshirn | Jul 10, 2007 08:03 AM [EST]
The determination means that you are entitled to unemployment compensation benefits. If you had been terminated for cause, you would not have been eligible for unemployment compensation benefits.
The determination does not mean that your employer is liable for anything other than unemployment compensation benefits. First, if you were an employee at will, your employer was free to terminate your employment with or without cause. The cause determination thus probably has meaning only for unemployment compensation purposes. Second, even if you had a contract of employment that allowed you to be terminated only for cause, Ohio's unemployment compensation law specifically prohibits the use of an unemployment comp determination in any other court proceeding. Thus, you would have to prove your case in the other proceeding without reference to what Jobs and Family Services found.
So, the good news is you should receive your benefits. The bad news is that the decision does not establish any other claim for you. If you believe that you have other claims, consult with an attorney to see whether it makes sense for you to pursue them.
Best regards,
Neil.
posted by Neil Klingshirn | Jul 10, 2007 08:03 AM [EST]
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