Wrongful Discharge Force to Sign Document

My spouse was recently terminated after working for her current employer for over a year for driving under suspension back in 1996. She had two tickets back then which she has paid all fines and court cost when the tickets were issued in 1996. Her job does not require her to drive for any reasons other than to transport herself to work. When she was originally hired a background check was done and they never questioned her driving record until a year later when a new company took over. She works second shift and was called into the office this past Monday and was advised she was being terminated for reasons stated above. She was told to sign a paper stating that she resigned for personal reasons so future employers would not know she was terminated. Not thinking she signed off on the paper work – which the company was misleading her to believe that by not signing this document it would look bad on her record that she was terminated. Now she cannot collect unemployment because they made it appear as she resigned which she didn’t. Is there any legal recourse we can do to fight this issue? We are willing to consultant with an attorney.

1 answer  |  asked Oct 26, 2010 7:44 PM [EST]  |  applies to Ohio

Answers (1)

Neil Rubin
This is one of those nasty things some employers do that just make my blood-pressure skyrocket.

Assuming your spouse is "at-will" the employer need not have ANY reason to terminate her. Therefore, her driving history and background check have no relevance.

Regarding the granting of unemployment compensation, this depends on what you mean by "misleading" and the evidence that can prove it. Not so incidentally, there is a multilevel appeal process for the Ohio Department of Job and Family Services rulings but the statute of limitation is only 21 days. Therefore, you must act quickly.

I will speak to you briefly free-of-charge to see if I can guide you further.

Neil Scott Rubin
Attorney at Law, LLC.
P.O. Box 691
Twinsburg, Ohio 44087

phone: 216-923-0333
fax: 330-405-0907
email: nsrubinlaw@hotmail.com
This email message is not meant to: 1) contain my signature; 2) contain legal advice; 3) create an attorney/client relationship; or 4) guarantee confidentiality.

posted by Neil Rubin  |  Oct 27, 2010 11:30 AM [EST]

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