Wrongful termination declared by unemployment office should I seek further legal action?
I was recently terminated from my employer for reasons that I felt were not justifiable, so I claimed unemployment and after hearing my case the unemloyment office ruled in my favor stating exactly this-
The employer discharged the claimant for violating a company rule. The employer failed to
establish negligence or willful disregard of the rule on the part of the claimant. Ohio's legal standard that determines if a discharge is without just cause is whether the claimant's acts, omissions, or course of conduct were such that an ordinary person would find the discharge not justifiable. After a review of the
facts, this agency finds that the claimant was discharged without just cause under Section
4141.29(D)(2)(a),Ohio Revised Code.
Just as it says same as I thought they let me go without just cause, now I'm sure there is more you want to know but in short my question is should I seek legal action for wrongful termination or lost wages for the difference between what I am recieving unemployment wise and what my normal income would be if still employed, I am not malicious but what they did to me was wrong and I feel as thoe no one should walk away from treating there employees in that manner with nothing more than a slap on the hand.
The standard by which unemployment compensation is granted is not really related to a civil suit for wrongful termination.
While it is true that your employer terminated you without just cause, this particular analysis is just used to determine whether or not you get unemployment compensation.
If you are an at-will employee the employer does not need ANY reason to terminate you. Unless they DISCRIMINATED against you, that is, fired you because of your status in a protected class or in retaliation due to protected activity you do not have a case.
Further, you can not even use the fact that you were granted unemployment compensation as evidence in a lawsuit.
Sorry I could not be more encouraging.
Neil Scott Rubin
Attorney at Law, LLC.
P.O. Box 691
Twinsburg, Ohio 44087
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 | Feb 5, 2009 4:02 PM [EST]
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