I was fired from my job for missing work because I was arrested and was in jail for 14 days before I could post bond to get out since then my charges against me have been dismiss for a crime someone else was guilty of,I have never in my life been arrested,so when i got out of jail,i applied for unemployment they denied my claim because I had missed work because I was in jail is there anyway that i could go back and try and reclaim unemployment since I can prove I had all charges against me dismissed.1 answer | asked Feb 16, 2004 10:17 AM [EST] in Employment Law | applies to Ohio
You have really suffered a lot. I hope that things get better for you very soon.
Some lawyers will assist with unemployment benefits and perhaps your local Legal Aid Society can assist or recommend someone. In Cincinnati, the Freking & Betz law firm represents individuals with unemployment claims.
You may want to visit the unemployment office and try to find out whether there is a legal basis for allowing you to have benefits. Unemployment is denied if there was a legal "just cause" for the termination. The unemployment office needs to know in writing what you did to notify your employer of the circumstances while you were in jail and thereafter to show that there was not "just cause" for the termination. Do not let the appeal time run on your claim--submit the papers showing that someone else has been arrested, that you notified your employer as to why you could not come to work,that you promptly reported back upon your discharge, and "make your case".
Also, you should seriously consider going back to your job and try to see if you can be rehired under any circumstances, even on a trial basis, or if anyone there is willing to assist you in finding work or giving you an good reference for another job.
An attorney consultation may also help you determine whether there is any legal basis for a claim, not against your employer, but perhaps against others, for the wrongful arrest and detention in jail. Most bar associations have a lawyer referral service providing names of attorneys willing to consult for a very modest fee (like $15 or so) for the first 30 minutes of consultation.
posted by Ann Lugbill | Feb 16, 2004 10:35 AM [EST]