Sample Employers We Have Prevailed Against
22650 Vess LLC
Aaron's, Inc.
Ace Cash Express, Inc.
Adecco USA, Inc.
Ads Alliance Data Systems, Inc.
Advanced Industrial Services, LLC
Advantage Sales & Marketing LLC
Akron General Partners, Inc.
All-Ohio Threaded Rod Co., Inc.
Allstate of Youngstown LLC
Altaquip LLC
American Bottling Company Inc.
American Home Patient Inc.
Americare Home Health of Bryan LLC
Ampro Computers Inc.
Amtrust North America, Inc.
Animal Hospital of Polaris, LLC
Anthem Companies, Inc.
Archbold Family Dental
Atlantis Company, Inc.
Bar One II LLC
Barbara A. Hanson D.D.S. LLC
Bed Bath & Beyond, Inc.
Bef Foods Inc.
Berke Dental Center
Best Equipment Company Inc
Biomat USA, Inc.
BJ's Restaurant Operations Company
Blanchard Valley Regional Health Center
The Blue Berry Cafe, Inc.
Bluffton Hotel Corp.
Bob Belsterling et Al
Bolton Square Hotel Company, Inc.
Borcherding Parts, Inc.
BPI Recycling, LLC
Brookville Local Board of Education
Buckeye Cablevision, Inc.
C & R Welding Inc.
C T L Aerospace, Inc.
Cantex Inc.Cargill, Inc.
Carrols, LLC
The Carter Jones Lumber Company Inc.
Catastrophe Management Solutions
Catholic Charities Corporation
Catholic Health Care Partners
Cbocs, Inc.
Certified Flooring Installation, Inc.
Chi Omega Sorority
Children's Hospital Medical Center
Chippewa Community School, LLC
City of MiddletownClerac LLC
Cleveland Clinic Foundation
Cleveland Die & Manufacturing Co., Inc.
Coblentz Distributing, Inc.
Cobra Plastics, Inc.
Community Health Partners Regional Medical Center, Inc.
Component Repair Technologies, Inc.
Computer Discount, Inc.Contactus, LLC
Continuum Care Hospice, LLC
Core Manufacturing LLC
Cortland Savings Banking Co.
Costco Wholesale Corporation
Creative Fabrication Ltd.
Crescent Metal Products Inc.
Crown Services
Custom Deco, LLC
Cuyahoga County Commissioners
D and M Staff, LLCD-Flawless Inc
Daniel R. Whittaker Dmd Inc.
Danop, Ltd.Dave Hart
Denham Oilfield Service, Inc.
DenOneLLC
Department of Public Safety, Ohio Highway Patrol
Dialamerica Marketing, Inc.
Dillard Tennessee, Ltd.
Djaro Inc.
Do It Best Corp Nelson Rd.
Domestic Linen Supply & Laundry Co.
Dometic Corporation
Donor Care Center, Inc
Drivetime Car Sales Company, LLC
DSW, Inc.
Earthgrains Baking Companies, Inc.
Easter Seals Tristate
The Employer Group, Inc. (PEO)
Erie County General Health District
Euclid City Board of Education
Executive Care, Ltd.Exel, Inc.
Eyetique of Cleveland, Inc.
Falls Village Retirement Community ltd
Federal Reserve Bank of Cleveland, Inc.
FedEx Ground Package System, Inc.
FIA Card Services, N.A.
Fifth Third Bank
Four Square Aggregates Ltd.
Fresh Thyme Farmers Market, LLC
Fusion, Inc.
Geauga County Auditor
Gemma Power Systems, LLC
General Die Casters, Inc.
General Mills Operations LLC
Germain Inc.
Giesecke & Devrient America Inc.
GLJMOW, LLC
Good Samaritan Hospital & Health Center, Inc.
Greater Cleveland Regional Transit Authority (GCRTA)
Green Gourmet Foods, LLC
Greenstar LLC
Group Management Services, Inc.
Guardsmark LLC
Hahn Loeser & Parks Llp
Hahn Manufacturing Company, Inc.
Hamilton County Auditor
Hamilton County Park District
HCF of Court House, Inc.
Henkel Corporation
Hickey Metal Fabrication & Roofing, Inc.
Higbee West Main, Ltd.
Home Depot USA, Inc.
Hopedale Mining, LLC
Horton Emergency Vehicles Company Inc.
Hose Master LLC
Hospice of Northwest Ohio
Humphrey Line
Imagine Schools, Inc.
Inspiron Logistics, LLC
Integrated Logistics Solutions LLC
Interstate Management Company, LLC
ISD Renal Inc.
J J Delong Associates, Inc.
J. C. Ehrlich Co., Inc.
Jacobson Mfg. LLC
Jant Corp.
Jay Auto Group Services, LLC
Jay Industries, Inc.
Jegs Automotive Inc.
JLG Enterprises Inc.
JP Morgan Chase Bank National Association
K&K Home Division, Ltd.
Keltec Inc.
La Rosa's Inc.
Lake PHO, Inc.
Lakes Venture, LLC
Lakeside April LLC
Lakewood Senior Campus, Inc.
Lane Construction Corporation
The Laurels of West Carollton, LLC
Lewis Imports LLC
Life Safety Enterprises, Inc.
Lincoln Heights Health Center
Lorain County
Lowe's Home Centers, Inc.
Luxottica Retail North America, Inc.
M. Argueso & Co., Inc.
M V M Inc.
Mahle Behr Dayton LLC
Mahoning Valley Infusion Care Inc.
Mary Rutan Health Association Logan County
Marymount Hospital, Inc.
Maxim Healthcare Services, Inc.
Mayfield Lighting, Inc.
McDonald Steel Corporation
McKesson Medical Surgical Inc.
Menard, Inc.
Mercy Health Partners-Western Ohio, Inc.
Mercy Medical Center, Inc.
Mergers Marketing, Inc.
Meridian Industries, Inc.
Metro Cleveland Security Inc.
Miami Valley Gaming & Racing
Mill & Motion, Inc.
Mobis North America, LLC
Moran Foods LLC
Motivepower Inc.
Mount Carmel Health System, Inc.
National Lime & Stone Co., Inc.
OCCHealth Concepts, Inc.
Ohio Association of Second Harvest Foodbanks
Ohio Department of Taxation
OPRS Communities, Inc.
Optima Holdings, LLC
Oriana House, Inc.
The Orlando Baking Co.
Orthotic & Prosthetic Services Inc.
Our Lady of The Wayside, Inc.
Paradise Hospitality Inc.
Parker Hannifin Corporation
Parma Community General Hospital Association
Patric O Brien Jr. Chevrolet III Inc.
PCC Airfoils, Inc.
Peoples Bank NA, Inc.
Personnel Outsource Solutions, Inc.
Petsmart, Inc.PJ Pizza Ohio, LLC
Plantation Animal Hospital
Portrait Innovations, Inc.
PPC Airfoils, Inc.
Precision Thermoplastic Components, Inc.
Premier Real Estate Management LLC
Print Direct For Less 2 Inc.
Progressive Casualty Insurance Co.
Pro-Tech Maintenance, LLC
Provider Services Holdings LLC
Purfoods LLCQHG of Massillon, Inc.
Quintiles Commercial Us, Inc.
Radiant Technology Group, Inc.
Rail Loading Services, LLC
Reactive Resin Products Co.
Reliable Castings Corporation
Reuther Mold & Mfg. Co. Inc.
Revere Plastics Systems LLC
The Reynolds and Reynolds Co., Inc.
Rite Aid of Ohio, Inc.
Robert J. Dittoe O.D., Inc.
Robinson Memorial Hospital
Ron Carrocce Trucking Co., Inc.
Rona Homes LLC
Ross Aluminum Castings LLC
Ruan Logistics Corporation
Rx Options, Inc.
Sage Client 468, LLC
Sammy's Staffing Services Inc.
Saturn of Dayton, Inc.
Select Employment Services Inc.
Seneca County Sheriff's Department
Shaker Heights City Board of Education
Shearer's Foods, Inc
Sheltering Arms Hospital Foundation, Inc.
Shepherd of the Valley Lutheran Retirement Service
Sherwin-Williams Co., Inc.
SMI Crankshaft, LLC
Southwest General Health Center
Specialty Retailers, Inc.
Speedway, LLC
Spherion of Lima, Inc.
Springbrook Express, LLC
Staples Contract & Commercial, Inc.
Stark County Commissioners' Office
Steinhaus Restaurant
Steps Behavioral Consulting LLC
Stingray Logistics LLC
Stone Products Inc.
Stoneridge, Inc.
Summa Health
Summa Western Reserve Hospital LLC
Sunstates Maintenance Corporation
Superior Metal Products, Inc.
Surgeforce, LLC
Swagelok Manufacturing Company
Sysco Cincinnati, LLC
TA Operating LLC
The Tamarkin Company, Inc.
Thistledown Management LLC
The Tile Shop LLC
Time Warner Cable
Timekeeping Systems, Inc.
Tom's King Ohio, LLC
Tri-County Hematology & Oncology Associates, Inc.
TriHealth G, LLC
Trubridge Inc.
TWC (Time Warner Cable) Administration, LLC
UH Regional Hospitals
Unity Trucking LLC
U.S. Postal Service
Umicore Specialty Materials Recycling, LLC
United Energy Healthcare Workers Corp
Unlimited Advacare, Inc.
Upright Steel Fabricators & Erectors, LLC
U.S. Postal Service
US Well Services LLC
Ventra Sandusky LLC
Village of Byesville
Wal-Mart Associates, Inc.
Walton Healthcare Group, LLC
Western Reserve Historical Society, Inc.
Whemco Ohio Foundry Division, Inc.
WJW Television, LLC
The Works: Ohio Center for History Art & Technology, Inc.
Worthington Services, LLC
Wurth Electronics ICS, Inc.1-800-Flowers Team Services, Inc.
Recent Cases/News
Employee Terminated Without Just Cause:
Our client was terminated after an allegation that he falsified time sheets. However, we presented a case to the Hearing Officer that showed the employer's records were unreliable and could not support a termination with just cause. The Hearing Officer agreed, approving our client for unemployment compensation with back-payments.
Unemployment Appeal Won
,
March 18, 2020
Employer Lacks Just Cause to Terminate Employee For Walking Away From Manager's Threatening Behavior:
Our client was questioned by her employer about an accusation, during which a manager raised his voice. Our client started to leave the manager's office when she was told they would consider her to have resigned if she left. She returned to the office, only to have the manager increase his attack, yelling and pounding his fist on his desk. Our client left the office again and returned to her work duties when the employer told her to leave. Despite the employer claiming our client resigned, we showed the hearing officer that she was terminated without just cause and her benefits were approved.
Unemployment Appeal Won
,
January 24, 2020
Employer Lacked Just Cause to Terminate Probationary Employee:
Our client was terminated for an allegation that he failed to report an auto accident. We showed that he was not at fault for the accident, did not initially observe any damage, and that he called the accident in within minutes. Even though our client was a probationary employee, the Hearing Officer agreed that the employer lacked just cause to terminate in these circumstances. Our client was approved for unemployment and issued a backpayment.
Unemployment Appeal Won
,
December 18, 2019
Employee Unjustly Terminated:
Our client was one of several staff that went with students to a field trip. One of the students walked away from the group and the employer terminated our client as a result. We showed that our client was not assigned to supervise this student. The employer's reliance on self-serving written statements of other staff on the trip was found to be in error as the statements were not credible when countered by our client's credible testimony given under oath. As a result, our client was approved for benefits and received a backpayment.
Unemployment Appeal Won
,
December 17, 2019
Improperly Classified as an Independent Contractor:
Our client accepted a job offer only to find out that the employer planned to classify him as an Independent Contractor. Independent contractors are generally paid with an 1099 without taxes being withheld and they are not eligible for unemployment compensation. However, there are rules and tests to determine whether a person should be classified as an employee or independent contractor. In this case, we showed that the employer improperly classified our client and, as a result, he was eligible for unemployment compensation.
Unemployment Appeal Won
,
December 12, 2019
Unemployment Benefits Approved - Employer Lacked Just Cause for Termination:
Our client was a manager who was terminated because she was accused of giving discipline to a staff member in front of other employees and because the employer believed she had not met her goals under a performance plan. The employer failed to present any witness regarding the discipline given to the other employee and our client credibly testified that she gave the discipline in an office with the door closed. With regard to the performance plan, the Employer agreed that our client's goals and expectations had been changed and she still had another month left to meet the revised goals. As a result, the Hearing Officer agreed that the employer lacked just cause to terminate.
Unemployment Appeal Won
,
December 11, 2019
Credible Testimony Leads to Approved Unemployment:
Our client was terminated, despite having no prior discipline, after an allegation that she failed to pass a test at work. Through preparation and presentation of her case, we presented credible evidence that she did pass the test. The Hearing Officer agreed and approved her unemployment compensation.
Unemployment Appeal Won
,
November 27, 2019
Progressive Discipline Matters:
An employer terminated our client for making an error on her time sheet even though she had no prior discipline. The Hearing Officer agreed that the error was not intentional and the employer lacked just cause to terminate an employee for a single incident with no prior discipline.
Unemployment Appeal Won
,
November 27, 2019
Employer's Faulty Investigation Leads to Approved Benefits:
Our client was terminated for an allegation of falsifying her time card, but when she was terminated the employer failed to allow her to fully respond or to get her phone that she asserted had proof that the allegation was untrue. The employer then proceeded with the hearing offering conclusory assertions without any evidence to support its claim. As a result, the Hearing Officer agreed that the employer lacked sufficient just cause at the time of the termination, and the benefits were approved.
Unemployment Appeal Won
,
November 21, 2019
No Just Cause to Terminate for Sales Goals:
Our client was terminated for failing to meet sales goals after being placed on a performance improvement plan. We were able to show the hearing officer that the goals were aspirational and not requirements of the job, that the goals and the job had changed, that our client had received a positive performance review, and that another sales person who did not meet their "goals" was not disciplined. The Hearing Officer agreed that the termination was without just cause and that our client was eligible for unemployment compensation.
Unemployment Appeal Won
,
November 13, 2019
No Just Cause to Terminate Employee Without Prior Discipline:
The employer terminated our client even though she had not received any prior discipline or notice that her job was in jeopardy. The Hearing Officer agreed with us that the employer had not shown that our client purposely broke any rules or policies, that she was insubordinate in any way, or that she was subject to discharge for any reason. As a result, our appeal was granted and our client was approved for benefits.
Unemployment Appeal Won
,
October 16, 2019
Employer Lacked Just Cause When Spouse Called Off for Husband:
Our client's wife notified the employer that her husband would not be able to work due to a medical reasons. The employer responded by terminating our client claiming he no-call/no-showed. The Hearing Officer agreed that the absence was beyond our client's control and the employer received adequate notice due to the circumstances. Our client's unemployment compensation claim was approved and he was granted back-pay.
Unemployment Appeal Won
,
October 10, 2019
Discharge for Bona Fide Medical Reason is Without Just Cause:
Our client had several absences from work, exceeding the employer's attendance policy. However, the absences were due to a bona fide medication reasons. The Hearing Officer agreed that an employer lacks just cause to terminate for absences due to bona fide medical reasons, and as a result our client was approved for unemployment and granted back-payments.
Unemployment Appeal Won
,
October 4, 2019
No Just Cause to Terminate For Absences Related to Medical Issues:
The employer terminated our client for violating their attendance policy; however, the Hearing Officer agreed that terminations are without just cause when the absences are due to a bona fide medical issue. As a result, we won the unemployment hearing.
Unemployment Appeal Won
,
September 19, 2019
Unemployment Appeal Won:
The employer discovered two incidents of paperwork being altered or incorrect and it terminated our client as a result. We showed the hearing officer that our client had not engaged in the alleged misconduct and as a result her unemployment benefits were approved.
Unemployment Appeal Won
,
September 10, 2019
Cut in Hours Justified Resignation:
The Hearing Officer agreed with us that our client had just cause to resign from his position when it was shown that he was hired for a full-time position but only allowed to work two days per week. Back payments to our client were approved.
Unemployment Appeal Won
,
August 15, 2019
Unemployment Approved For Employee Who Employer Erroneously Classified as an Independent Contractor:
The employer failed with pay unemployment taxes for our client by claiming they were an independent contractor. We showed during the hearing that there was not a contract for a certain piece of work at a fixed price, the claimant did not have the right to employ assistants, there was no obligation to supply necessary tools or supplies, claimant did not have the right to control the progress of the work, she was required to work set hours, she was paid on a regular weekly basis, and she was not reimbursed for expenses. As a result, the Hearing Officer agreed that our client was actually an employee and she had just cause to resign when the employer cut her pay in half.
Unemployment Appeal Won
,
August 15, 2019
Unemployment Approved When Employee Resigns Because Employer Fails to Pay Rate Agreed to in Interview:
During our client's interview, they were told that they would earn $12.00 an hour and work full-time; however, when they arrived for the orientation they were told that they would receive less than $9.00 an hour and work part-time. They found themselves denied unemployment when they resigned, but the Hearing Officer agreed with us that there was just cause to resign and their benefits were approved with a back-payment.
Unemployment Appeal Won
,
July 22, 2019
Unemployment Benefits Approved:
The employee was terminated for allegedly falsifying call records; however, the hearing officer agreed that the employer's choice to skip all of its progressive discipline steps violated just cause and therefore unemployment benefits were approved.
Unemployment Appeal Won
,
May 28, 2019
No Just Cause to Terminate Employee Who Wanted Shift Change:
After our client asked to switch a a different shift, the employer determined there were no openings on other shifts and terminated our client. While the employer maintained that our client quit, the hearing officer agreed that this was a termination and the employer lacked just cause. We were able to obtain a decision approving our client's unemployment claim with back-payments.
Unemployment Appeal Won
,
April 12, 2019
No Just Cause to Terminate for Insubordination:
The employer called a meeting with our client, started to argue with him, and then terminated him without giving a reason. The employer then claimed it had several reasons to terminate including insubordination during the final meeting. We showed, however, that the employer lacked evidence to support any of its allegations. Further, an employer should be limited to the reason it gave at the time of the termination and, in this case, the employer did not provide any reason. Therefore, it lacked just cause to terminate.
Unemployment Appeal Won
,
April 9, 2019
Our Client Was Attacked After an OSU Football Game Wager, Terminated and Denied Unemployment - Until We Won His Hearing For Him:
Our client and co-worker placed a wager on an OSU football game and when our client asked the co-worker to pay what was still due from the wager, the co-worker rushed him and put him in a headlock until other employees removed him. The Hearing Officer agreed that the employer lacked just cause to terminate our client who was the victim in the altercation.
Unemployment Appeal Won
,
April 8, 2019
Postal Service Employee Approved:
Our client accepted a temporary position from the U.S. Postal Service through the holidays. After the temporary position came to an end, he reapplied for unemployment but was denied. After a hearing, we obtained a decision approving his unemployment claim and back-pay.
Unemployment Appeal Won
,
April 4, 2019
Termination During Performance Improvement Plan is Without Just Cause:
While the employer argued that it had just cause to terminate our client during a Performance Improvement Plan, we showed that the employer had not given our employee till the end of the PIP to meet his goals and nothing else occurred during the PIP that justified termination.
Unemployment Appeal Won
,
April 2, 2019
Student Approved for Unemployment:
Although our client was initially denied unemployment because ODJFS claimed she was ineligible due to (a) a disqualifying separation and (b) because she was going to school, we prevailed at her hearing. The Hearing Officer agreed that (a) the employer lacked just cause to terminate her and (b) the schooling did not disqualify her because she was attending school before she was terminated.
Unemployment Appeal Won
,
March 27, 2019
Eligible For Unemployment - Medically Able to Work:
After our client was denied unemployment due to an allegation that she was not medically able to work, we researched her case and gathered medical documentation for the hearing officer. That hearing officer agreed that she was able to work and approved her claim for unemployment benefits.
Unemployment Appeal Won
,
February 27, 2019
Fired for Asking, "Are you calling me a liar?"
The employer met with our client on two occasions, made allegations about his work performance and our client answered the allegations. When the employer did not seem to believe our client, he asked, "Are you calling me a liar?" The employer claimed this was insubordination and terminated him. The Hearing Officer agreed that this did not rise to the level of insubordination and did not warrant termination.
Unemployment Appeal Won.
,
February 21, 2019
Unemployment Approved After Employer Changes Duties and Schedule:
The Employer changed our client's job duties, cut their full-time job down to 16 hours per week, and would not confirm the new rate of pay. The Hearing Officer agreed that our client was involuntarily unemployed through no fault of her own and she was not required to accept the new position because the reduction in hours/pay made it not suitable.
Unemployment Appeal Won.
,
February 19, 2019
Employer Lacked Just Cause to Terminate:
The employer claimed our client did not call in for three absences and that she was not medically able to work. We showed that our client did call in for each absence and, although with some medical restrictions, was able to work. The Hearing Officer agreed.
Unemployment Appeal Won
,
February 11, 2019
Cafe Lacks Just Cause to Terminate Server:
After a telephone hearing, the Hearing Officer agreed with our client that they did not engage in misconduct to justify their termination.
Unemployment Appeal Won
,
February 8, 2019
Offer of Reduced Hours and Split Shift is Not an Offer of Suitable Work:
Our client worked full-time, was laid off, and then offered a position at about half the hours and split - with a couple hours in the morning and a couple hours in the afternoon. The Hearing Officer agreed that this was not an offer of suitable work that our client was required to accept, and thus his application for unemployment compensation was approved.
Unemployment Appeal Won
,
January 18, 2019
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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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August 30, 2017
Termination of employee who followed instructions was without just cause:
Demonstrated that the employee was terminated for following instructions.
Benefits Approved
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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
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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
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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
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July 28, 2017
Employee Error Did Not Warrant Termination:
Employer lacked just cause to terminate an employee who was given unreasonable expectations.
Benefits Approved
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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
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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
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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
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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
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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
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June 2, 2017
Management Delays Do Not Justify Terminating Employee:
We showed that accusations that employee was terminated because projects were delayed were insufficient for just cause because the delays were due to management rather than the employee.
Benefits Approved
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May 19, 2017
Venting About Discipline is Not Just Cause to Terminate:
Employer who terminated employee for closing their office door and venting to a friend and co-worker about being put on a performance improvement plan did not have just cause for the termination.
Benefits Approved
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May 18, 2017
Rules Must Be Applied Reasonably:
Although the hearing officer concluded that the employee violated a rule- we were able to convince her that the rule was not applied reasonably and that the termination without prior discipline was without just cause.
Benefits Approved
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May 17, 2017
Employee's Reasonable Deviations from Policies Not Just Cause to Terminate:
Employer who left employee short staffed lacked just cause to terminate the employee for deviations from policy when those deviations were reasonable and did not cause any harm to the employer.
Benefits Approved
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May 8, 2017
Employer Lacks Just Cause to Terminate for Absence:
Employer who did not follow its own progressive discipline policy- and then issued a termination for an absence due to an illness with medical documentation- lacked just cause.
Benefits Approved
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April 24, 2017
Employer Could Not Convert Layoff into a Termination:
Employer who asked employee if he wanted a voluntary layoff and then did not offer him any work could not use a prior incident as a justification to terminate - the employee was laid off due to a lack of work.
Benefits Approved
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April 24, 2017
Showed the Hearing Officer that the Employee Did Not Commit Misconduct:
Employer failed to show any misconduct after last discipline and therefore lacked just cause to then terminate.
Benefits Approved
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April 7, 2017
