Poor Judgement May Not Be Sufficient Fault or Misconduct to Justify Termination:
The Hearing Officer agreed that our client may have taken an act at work that demonstrated poor judgement, it was not an act that demonstrated a disregard of the employer's interests or of sufficient fault/misconduct to justify termination. The employer's delay of three months to terminate the employee after the act was also a factor leading to the hearing officer approving unemployment compensation.
Unemployment Appeal Won
,
December 7, 2018
Calling a co-worker a Peppa Pig Does Not Give Just Cause to Terminate:
Our client and a co-worker were having an argument during which the co-worker was called a Peppa Pig. The Hearing officer agreed that there was not sufficient fault or misconduct to justify termination.
Unemployment Appeal Won
,
December 4, 2018
Unemployment approved after resignation due to physical limitations:
Our client took a job while unemployed that was physically demanding. When the job turned out to be too much for him, he attempted to move to another position at the employer but was unable. The Hearing Officer agreed that this was just cause to resign.
Unemployment Appeal Won
,
November 20, 2018
Employer lacked just cause to terminate for performance issues:
We showed that the employer failed to make its performance expectations known at time of hire and that the employee met the expectations.
Unemployment Appeal Won
,
November 16, 2018
Employee was not insubordinate:
A second shift lead told our client, who worked on third shift, to complete a task but the third shift lead gave different instructions. The Hearing Officer agreed that the employer lacked just cause to terminate for insubordination because our client was correct in following the directions of his immediate lead.
Unemployment Appeal Won
,
November 5, 2018
No just cause to terminate for owning a side business:
Employer who terminated our client for a perceived conflict from owning a side business lacked just cause because there was insufficient evidence of a real conflict of interest.
Unemployment Appeal Won
,
November 5, 2018
Employer lacked credibility:
After prepping our client for the telephone hearing and cross-examining the employer’s witnesses, the hearing officer concluded that our client was more credible and the employer’s claims that it gave prior warnings for performance issues was unsupported.
Unemployment Appeal Won
,
October 26, 2018
Expectations must be known at time of hire:
The employer subjected our client to tests during orientation and then terminated her when she did not pass one. The Hearing Officer agreed that, because the employer did not inform her before she was hired that she would have to pass the tests, it did not have just cause to terminate her when she was unable to pass one.
Unemployment Appeal Won
,
October 18, 2018
No just cause to terminate employee who refused work for medical reasons:
When our client was placed indefinitely in a position that caused him pain due to a medical condition, and as a result he called off until he was placed in another position, the employer terminated him. The Hearing Officer agreed that the employer lacked just cause and approved our client for benefits.
Unemployment Appeal Won
,
October 18, 2018
Members of LLC’s Filing as a C-Corp and paid a salary are eligible:
Our client had been denied benefits because he was not only a salaried employee, but also a member of an LLC filing as a C-Corp. The Hearing Officer agreed that, regardless of being a part owner, he was eligible for benefits.
Unemployment Appeal Won
,
October 17, 2018
Truck driver who worked primarily in Ohio for company located in a different state is eligible:
A company paid unemployment taxes to another state for an employee who lived in and worked primarily in Ohio. The Hearing Officer agreed that he was eligible for Ohio Unemployment Compensation.
Unemployment Appeal Won
,
October 10, 2018
Complaining about a failure to give a raise is not just cause to terminate:
Employer lacked just cause to terminate an employee for repeatedly raising his concerns that he was not paid a raise he was promised and for an unsubstantiated complaint.
Unemployment Appeal Won
,
September 24, 2018
Employer effectively terminates employee without just cause, even though the words, "You are fired-" were not used:
The employer told our client that he did not "give a f*** about" her, that he had, "no use for her anymore," that her "career was on the line" and that she had until the end of the day to "prove her worth" to him at which point he hung up the phone- cut off her access to the company's database and her company cell phone was deactivated. The Hearing Officer agreed that this was effectively a termination and the employer lacked just cause.
Unemployment Appeal Won
,
August 30, 2018
When you call off and send an email, it is not a no-call/no-show:
Although our client attempted to call off but could not leave a message and sent an email to human resources reporting off, the employer terminated him for a no-call/no-show. The hearing officer agreed that this was not a no-call/no-show.
Unemployment Appeal Won
,
August 27, 2018
Employer Lacked Just Cause to Terminate:
Employer failed to present sufficient evidence to support its claim that it had just cause to terminate an employee for failing to inspect a part.
Unemployment Appeal Won
,
August 24, 2018
US Postal Service Lacked Just Cause to Terminate:
The Hearing Officer agreed that the employer lacked just cause to terminate our client for leaving his vehicle running while he was inside a postal facility gathering mail for his route.
Unemployment Appeal Won
,
August 15, 2018
No just cause to terminate for a providing insufficient sample for drug test:
The employer had a policy that required random testing during work hours. Our client was selected, scheduled to take a test within a half-hour of her shift ending, provided a sample that was insufficient, and had to leave due to prior commitments. In this case, the Hearing Officer agreed that the policy was not applied reasonably and therefore the employer lacked just cause to terminate.
Unemployment Appeal Won
,
August 9, 2018
Employer lacked just cause to terminate an employee who was attacked by a co-worker:
The Hearing Officer agreed that our client who was attacked by a co-worker did not instigate the altercation and merely protected herself.
Unemployment Appeal Won
,
August 8, 2018
Employers should follow their own discipline policies:
The Hearing Officer agreed that an employer who skipped steps in its progressive discipline policy did not have just cause to terminate our client.
Unemployment Appeal Won
,
July 30, 2018
Absences due to circumstances beyond employee's control are not just cause for termination:
The Hearing Officer agreed that an employee's absences due to his ailing wife or because of his own illness were circumstances beyond the employee's control and did not give the employer just cause to terminate.
Unemployment Appeal Won
,
July 13, 2018
Employer lacked just cause to terminate for sleeping on the job and for excessive use of his cell phone:
The Hearing Officer concluded that the employer failed to provide sufficient evidence that it followed its progressive discipline policy and that the employee actually violated a policy.
Unemployment Appeal Won
,
July 12, 2018
Hearsay and unsubstantiated testimony and evidence insufficient:
The Hearing Officer agreed that the employer failed to present sufficient evidence of misconduct in light of the employee's credible testimony denying misconduct.
Unemployment Appeal Won
,
June 6, 2018
Employer did not have just cause to terminate employee who it failed to train and failed to provide notice of performance issues:
The employer hired our client but failed to provide any training for how to do their job and failed to provide timely notice of their mistakes until they were terminated. The Hearing Officer agreed that they lacked just cause to terminate.
Unemployment Appeal Won
,
June 5, 2018
Employee who was terminated after they gave a resignation notice is approved:
The Employee resigned with a two-day notice, the employer sent the employee home and did not pay them for the remaining two days. The Hearing Officer agreed that this should be looked at as a termination rather than a resignation, and there was not just cause to terminate.
Unemployment Appeal Won
,
May 14, 2018
Hearsay evidence and unsubstantiated evidence insufficient to prove just case:
Attending the hearing fully prepared- we persuaded the hearing officer that the employer's reliance on hearsay and unsubstantiated evidence of our client being insubordinate was insufficient, especially in light of our client's credible testimony.
Unemployment Appeal Won
,
May 10, 2018
Employer cannot force employee into position they can not medically do:
The employer first cut our client's hours and then- despite our client's medical restrictions, attempted to force her into a position she was unable to work. The Hearing Officer agreed that the employer did not have just cause to terminate her for being unable to complete the work.
Unemployment Appeal Won
,
May 1, 2018
Employee had good cause to turn down work:
An employer terminated our client- then offered her a job at half the pay. Although her benefits were initially denied- we were able to persuade the Hearing Officer that the work offered was not suitable and that she had good cause to turn it down.
Unemployment Appeal Won
,
April 25, 2018
Employee nurse has just cause to quit for being required to perform duties beyond her expertise:
The Hearing Officer agreed that the nurse had just cause to quit, because the employer's decision to require her to perform duties beyond her expertise put her license and the possible well-being of the patients at risk.
Unemployment Appeal Won
,
April 16, 2018
Employer failed to show that our client was at fault for an alleged argument:
Although the employer claimed it terminated our client for shouting at a supervisor, our client's testimony was more credible and the employer failed to show our client was at fault for any alleged argument about its own failure to provide sufficient parts.
Unemployment Appeal Won
,
April 2, 2018
Absences for claimant's own illness and to care for ill family members does not give just cause to terminate:
The Hearing Officer agreed that the employer lacked just cause to terminate our client who had absences due to her own illness and that of her daughter and husband, and therefore approved her benefits.
Unemployment Appeal Won
,
March 29, 2018
Employer lacked just cause to terminate an employee when he attempted to return from a medical leave of absence:
Our client attempted to return to work after a medical leave of absence only to find that the employer had laid off much of its workforce and refused to return his calls. The Hearing Officer agreed that the employer lacked just cause to terminate and approved his benefits.
Unemployment Appeal Won
,
March 27, 2018
No just cause to terminate for being rude to a co-worker:
The Hearing Officer agreed that our client- who had no prior discipline, was terminated without just cause for an allegation of being rude to a co-worker. In part due to our preparation, the Hearing Officer concluded that our client's testimony was more credible than her employers.
Unemployment Appeal Won
,
March 22, 2018
Holding a real estate license does not disqualify unemployment eligibility:
Our client worked full time and held a real estate license. He was initially denied unemployment when he lost his full-time job because his real estate license with held with a broker. The Hearing Officer reversed, finding that just because a real estate broker held the license, this did not create an employment relationship.
Unemployment Appeal Won
,
March 19, 2018
Employer lacked just cause to terminate for a no-call/no-show:
The Hearing Officer did not agree with the employer that it had just cause to terminate for a no-call/no-show when the employee did call off to co-workers due to a bona fide medical illness.
Unemployment Appeal Won
,
March 7, 2018
Employer lacked just cause to terminate employee when customers were happy with employee's performance:
The hearing officer was persuaded- in part due to statements from customers that they were happy with our client's performance, that the employer lacked just cause to terminate for failing to meet performance expectations.
Unemployment Appeal Won
,
March 7, 2018
Employer lacked just cause to terminate employee for failing to meet expectations it did not explain:
When the employer promoted our client, it failed to explain the expectations of the new job and, therefore, lacked just cause to terminate the employee for failing to meet the unspoken expectations.
Unemployment Appeal Won
,
March 6, 2018
Moving to a closer seat during a meeting is not violent behavior:
Employer alleged that our client made them feel intimidate, although it presented evidence of what our client did other that to move to a closer seat during a meeting. The employer lacked just cause to terminate.
Unemployment Appeal Won
,
March 1, 2018
Termination for being on worker's comp. leave without a release to return to work lacks just cause:
Our client was off of work on a worker's compensation leave- having been examined by the employe's doctor and not given a release to return to work. The employer lacked just cause to terminate the employee for being absent without authorization.
Unemployment Appeal Won
,
February 26, 2018
Termination for failing to meet substantially changed duties lacks just cause:
The employer gave our client new duties to complete and then terminate our client for failing to complete those duties adequately. Because there had been a substantial change in the requirements for the position, the employer lacked just cause to terminate.
Unemployment Appeal Won
,
February 26, 2018
Termination for doing what you are told is without just cause:
Our client was sent to observe another employee- found the employee dressed inappropriately- took a photo that she shared with her supervisor, and was then terminated for taking the photo. The Hearing Officer agreed that this was not just cause for termination.
Unemployment Appeal Won
,
February 22, 2018
Employer mistakenly believed employee was taking extended breaks:
We persuaded the Hearing Officer that the employer was mistaken when it accused our client of taking extended breaks and as a result it was held that the employer lacked just cause to terminate.
Unemployment Appeal Won
,
December 22, 2017
Requesting help is not insubordination:
The employer terminated our client believing he engage in insubordination when he asked for additional help- but the Hearing Officer agreed that the request was not insubordination an therefore the employer lacked just cause to terminate.
Unemployment Appeal Won
,
December 22, 2017
Employer lacked just cause to terminate employee for being rude:
The hearing officer agreed that the employer failed to show that the employee was rude during an informal meeting over a cup of coffee, and thus the employer lacked just cause to terminate.
Unemployment Appeal Won
,
December 18, 2017
Employer with unclear job expectations lacked just cause to terminate:
The hearing officer agreed that the employer did not have just cause to terminate when it did not provide details about purported areas of concern and it was unclear about what it was expecting of the employee.
Unemployment Appeal Won
,
December 12, 2017
Not all mistakes warrant termination:
Due to a lack of training, and employee who made a mistake at work was terminated without just cause.
Unemployment Appeal Won
,
December 11, 2017
Facebook posts do not give just cause to terminate:
Employer did not have just cause to terminate an employee for his personal social media posts when they were posted from home, were not work related, and did not mention the employer.
Unemployment Appeal Won
,
December 5, 2017
Termination for a customer complaint was without just cause:
The Employer did not have just cause to terminate for a customer complaint when the employee simply informed the customer of a store policy and the employer lacked evidence that she was rude when doing so.
Benefits Approved
,
September 21, 2017
When employer cuts your hours, you do not have to bump another employee before resigning:
After employee's hours were cut in half she resigned. The employer argued that she should have bumped into another position which would have still been a 20% reduction in hours. The Hearing Officer disagreed and approved her benefits.
Benefits Approved
,
September 19, 2017
Termination for absences due to medical reasons is without just cause:
Employee not sufficiently at fault for absences due to migraines even though the absences exceeded the points allowed by the employer's attendance policy.
Benefits Approved
,
September 7, 2017
Employer lacked evidence to justify termination for alleged assault:
Employer's claim that employee attempted to assault another employee was not credible.
Benefits Approved
,
September 5, 2017
Employee did not resign by leaving early from work:
Employer's claim employee resigned was refutted by employee's email informing the employer they were just leaving early due to illness.
Benefits Approved
,
August 30, 2017
Employer cannot claim an employee is on leave when they send a severance agreement:
Severance agreement showed employee was terminated and the employer lacked just cause.
Benefits Approved
,
August 30, 2017
Termination of employee who followed instructions was without just cause:
Demonstrated that the employee was terminated for following instructions.
Benefits Approved
,
August 29, 2017
Termination based on anonymous witness statements is without just cause:
Hearing officer agreed that employer could not show just cause to terminate when it relied solely upon anonymous witness statements.
Benefits Approved
,
August 16, 2017
No Just Cause to Terminate for Attendance:
The hearing officer agreed that the Employer did not show sufficient tardies to justify termination and it had told the employee instead that he was terminated due to a lack of work.
Benefits Approved
,
August 3, 2017
Resignation at Advise of Psychiatrist is With Cause:
Employee who resigned due to the impact of her job on her mental illness was eligible for unemployment compensation.
Benefits Approved
,
July 28, 2017
Employee Error Did Not Warrant Termination:
Employer lacked just cause to terminate an employee who was given unreasonable expectations.
Benefits Approved
,
July 7, 2017
Allegations of Falsification of Records Not Substantiated:
Sivinski Law Offices showed that the employee followed the normal practice and had permission to adjust records.
Benefits Approved
,
June 27, 2017
No Just Cause to Terminate Employee Absent Due to Daughter's Medical Reasons:
Employer lacked just cause to terminate employee with significant absences because it failed to give any progressive discipline and absences were due to daughter's bona fide illness.
Benefits Approved
,
June 22, 2017
Job Requirements Changed Substantially After Hiring:
Employee accused of failing to meet job expectations approved for benefits, including nearly $7,000 in back-payments, because the job substantially changed.
Unemployment Appeal Won
,
June 20, 2017
Showed Employer Lacked Just Cause to Terminate:
It was shown that the employer lacked sufficient proof to terminate an employee for hanging up on a customer.
Unemployment Appeal Won
,
June 8, 2017
Employee Had Just Cause to Resign:
Employee who was put on light duty had just cause to resign when the employer offered not positions that would conform to the light duty requirements.
Unemployment Appeal Won
,
June 2, 2017
