Is there a way for employers to not have to pay unemployment if they comply with Employment-At-Will?
Employment is entered upon "at will." Are there cases where this relationship has held up for unemployment cases - meaning that the employer can terminate the employee for good cause, bad cause, or not cause at all and thus the employee does NOT receive unemployment?
1 answer | asked Oct 27, 2010 07:19 AM [EST] | applies to Ohio
Answers (1)
The Unemployment Compensation Act is designed to provide benefits to employees who lose their jobs through "no fault of their own."
When an employee files a claim for benefits, the Ohio Department of Job & Family Services first determines if he or she is "monetarily eligible" (did he/she work enough weeks and earn enough in the base period?).
Then, ODJFS evaluates the reason for the termination to determine if there was "just cause." The term "just cause" for this purpose has no meaning outside of the unemployment context. There are several factors ODJFS assesses.
Whether the employment is "at will" has nothing to do with whether there is "just cause" for purposes of Unemployment compensation.
Under the "at will" doctrine, the employer may terminate for "any reason, or no reason," but whether the employee is entitled to Unemployment compensation entails an analysis that goes beyond this mere fact.
Chris
posted by Christina Royer | Oct 27, 2010 07:27 AM [EST]
When an employee files a claim for benefits, the Ohio Department of Job & Family Services first determines if he or she is "monetarily eligible" (did he/she work enough weeks and earn enough in the base period?).
Then, ODJFS evaluates the reason for the termination to determine if there was "just cause." The term "just cause" for this purpose has no meaning outside of the unemployment context. There are several factors ODJFS assesses.
Whether the employment is "at will" has nothing to do with whether there is "just cause" for purposes of Unemployment compensation.
Under the "at will" doctrine, the employer may terminate for "any reason, or no reason," but whether the employee is entitled to Unemployment compensation entails an analysis that goes beyond this mere fact.
Chris
posted by Christina Royer | Oct 27, 2010 07:27 AM [EST]
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