Denied Unemployment Despite Lack of NEEDED JOB Experience at HIRE.

I was term'd in my first 90 days. I was denied UE benefits because they had "just cause" under Section 4141.29(D)(2)(a), Ohio Revised Code. So stated my appeal and original determinations. I took the job KNOWING I didn't have enough experience as the job requested. THEY HIRED ME knowing this also. Why am I being denied if it's not that I DIDN'T DO the job (as stated in my determinations), but because I COULDN'T do it? Doesn't that MATTER?

1 answer  |  asked May 9, 2009 1:34 PM [EST]  |  applies to Ohio

Answers (1)

Neil Klingshirn
Were the expectations of the job reasonable?

You are entitled to benefits unless the employer proves that it had just cause to terminate your employment. The Ohio Supreme Court set forth the following test for whether an employee's inability to perform a job constituted just cause:

An employer may properly find an employee unsuitable for the required work, and thus to be at fault, when:

(1) the employee does not perform the required work,

(2) the employer made known its expectations of the employee at the time of hiring,

(3) the expectations were reasonable, and

(4) the requirements of the job did not change since the date of the original hiring for that particular position.

The key in your case will be whether the expectations were reasonable, since the employer knew that you did not have the experience required when you were hired. You should appeal your case to the Board of Review and present this argument there.

You can find the Ohio Supreme Court case on this topic at

Best regards,

Neil Klingshirn

posted by Neil Klingshirn  |  May 10, 2009 10:54 AM [EST]

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