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Suspended For Shoplifting, Not Work Related

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  • 04-02-2008, 07:58 AM
    yakama1979
    Suspended For Shoplifting, Not Work Related
    I was recently suspended for being accused of shoplifting somewhere other than work and was told it was pending court. My union filed grievance but hasn't gotten far with it. Since then I heard rumors I was fired and asked my union about it since I hadn't even gone to court yet. The union girl asked my boss and she said yes, they had fired me but hadn't notified me. I still have never been notified of being fired and it's been a few months. The company is appealing my unemployment saying it's work related. I have a hearing scheduled soon for the appeal they filed. My union still has a grievance against the company because it was not related to work. The company is saying they do not tollerate criminal activity (even though many people have been convicted of drugs, violence, and other higher crimes and still have thier jobs.) My charge was lowered to unuathorized use of property which is a much lower charge. I couldn't afford a lawyer since I got laid off so that's the best I could get. I really didn't steal. I didn't see the items under my cart and they refused to let me pay for it (it wasn't even much money)

    What do I need for my hearing? Should I have my union represent me in it? I can't afford a layer. The issues are ohio revised code chapter 4141. It asks if I was suspended due to misconduct in connection with work. It lists 4141.29 (D) (1) (b) o.r.c. and says additional issues may be considered that fall within ohio administrative code rule 4146-5-03

    The appeal made a couple months ago in writing was denied saying it found no reason it was work related and then a week ago I get this letter saying it went to appeal review. Yesterday they gave me the date and time.

    Any suggestions? Does it sound like I need to worry about being cut off? If I am cut off will I have to repay the money already paid to me and if so how long would I have to do it? I still can't find a job and still have a grievance.

    In case you didn't notice, I'm in ohio
  • 04-02-2008, 08:30 AM
    Security Consultant
    Re: Suspended For Shoplifting, Not Work Related
    Many companies have rules that provide for suspending employees for non-work related criminal charges, such as theft, drugs, violence. The ones I have written or enforced allowed for suspension (without pay) until the case is adjudicated. If guilt was determined the employee's employment was terminated.
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