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Unemployment Challenge Doesn't Match Reason Given For Termination, in Ohio

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  • 05-01-2007, 10:08 AM
    Denisej
    Unemployment Challenge Doesn't Match Reason Given For Termination, in Ohio
    My father was recently fired after close to thirty years with his company. The reasons he was given for the termination were 1) We don't need you anymore and 2) You don't work enough hours.

    My father worked at least 30 hours a week, despite an agreement made with his bosses in January that he could work 20 hours a week and still keep his medical benefits. He had needed to drop his hours because of some medical issues he's been dealing with-mainly his heart. He's 63 in June. This agreement was witnessed by a co-worker who took notes on the meeting. (Incidentally-does anyone know if it's a HIPPA violation to have had this co-worker there to make notes despite my father's objection to her? She's a very close friend of my brother and sister-in-law, and as they were discussing his health issues, my father was not comfortable with her being there, hearing his personal health info discussed, given her closeness to the family. He would have accepted anyone else in the company.)

    My father filed for unemployment, and the company challenged it, stating the reason he was fired was "poor work performance".

    What are his options? Given that they agreed to let him work 20 hours a week, I don't see how they can claim his 'not working enough' as poor work performance. He really needs unemployment, at his age, and with his health, another job is highly unlikely.

    Thanks in advance.
  • 05-01-2007, 11:07 AM
    cbg
    Re: Unemployment Challenge Doesn't Match Reason Given For Termination, in Ohio
    No, that is not a HIPAA violation. HIPAA is nowhere near as broad as most people assume it to be and in most employment settings only applies to information obtained through the group health plan.

    Even if the unemployment board believes the "poor work performance" story, except in very limited circumstances poor work performance is not a disqualifier for unemployment.

    Unemployment is geared in favor of the employee. Without some pretty convincing evidence (and the burden of proof will be on the employer) that your father's performance not only was poor, but that he could have performed to standard and deliberately did not, it's quite likely that benefits will be granted anyway.
  • 05-01-2007, 01:01 PM
    Denisej
    Re: Unemployment Challenge Doesn't Match Reason Given For Termination, in Ohio
    Thanks for your reply, that eases their minds a bit.
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