QUESTION
Can I be reinstated at my job and if not, compensated for wrongful termination?
Asked on Oct 20th, 2019 on Wrongful Termination - Ohio
More details to this question:
I was terminated in June 2019 from a call center after four years and three months; I was approved for unemployment compensation which my employer appealed. The Ohio Department of Job and Family Services denied the appeal, stating that I was "discharged without just cause". My previous employer then requested a hearing with the State of Ohio Unemployment Compensation Review Commission, which also found that I was discharged without just cause and also stated that the employer failed to follow its own progressive discipline policy and failed to establish that I intentionally violated company policy or was aware that my job was in jeopardy at the time of separation. I had submitted written responses to the appeal and the hearing, a total of nine pages detailing my experience with the employer, which included many positives: my metric scores, year end reviews, attendance record, feedback from managers, co-workers, and callers, etc.
1 ANSWER
You can ask to be reinstated, but it is unlikely. Ohio is an at will state, so employees are generally employed at-will. As a result, they can be terminated for any reason or no reason at all as long as they are not terminated for an unlawful reason. You would have to claim and prove an unlawful reason for your termination in order to have a legal claim for wrongful termination. The ODJFS has a different analysis - whether you were terminated for just cause. In the event of a just cause termination, the employee is not entitled to unemployment compensation benefits. However, if there is no just cause, then the employee receives benefits. The lack of cause for a termination does not give rise to a legal claim though. This does not mean that you shouldn't discuss your terminationo with an employment attorney to see if your termination was unlawful.
One thing I should mention since you worked in a call center is that this industry regularly also has pay issues included in it. We would be happy to speak with you about your termination and pay to see if we can help.
Ohio overtime lawyer https://mcoffmanlegal.com/practice-areas/overtime-lawyer-columbus-ohio/
Answered on Oct 30th, 2019 at 10:41 AM
Matthew J.P. Coffman The answer provided is not legal advice and it is recommended that you seek advice of an attorney. My office # is 614-949-1181.