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  1. #1
    Join Date
    Oct 2009
    Posts
    8

    Question 3-Day Suspension May Result in Termination

    My question involves labor and employment law for the state of: OHIO

    Yesterday afternoon I was called into a "discussion" with my supervisor & the HR representative at my job regarding a time reporting discrepancy found on my timesheet. Apparently my explanation was not good enough for them because this morning when I tried to log onto my computer I was "locked" out. Within five minutes of my arrival, I was called back into the meeting room where I was informed that I was being placed on 3-day suspension pending further investigation. I was instructed to hand over my keys & access badge and then escorted out of the building. Im pretty sure they are planning on letting me go because they have already fired at least five people since my Maternity Leave (Ive only been back to work one month). But I digress....my questions are regarding the fact that (1) I was not given any verbal or written warnings prior to this suspension; (2) I was not provided any documentation or asked to sign anything in regards to this suspension (even after asking the HR rep for said document, to which he replied "this is a VERBAL suspension" ); and (3) I feel the time reporting issue is a result of the payroll clerk's inability to, or more likely her lack of knowledge on how to, process my timesheet with an unpaid day (I think Im classified as a salary NON-exempt employee).

    Im aware that OHIO is an "at will" state, but plan to apply for unemployment if they decide to fire after the three days are up. However, someone told me that my employer could contest my claim (to avoid paying higher taxes) and I wouldnt be able to get any unemployment benefits.....is that true?

  2. #2
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: 3-Day Suspension May Result in Termination

    It is true that the employer can contest your claim; they have a guaranteed right to contest, just as you have a guaranteed right to file and either party has a guaranteed right to appeal if the decision goes against them. However, just because they contest does not mean that benefits will automatically be denied. If the employer contests, there will be a hearing at which point the state will decide whether to grant or deny benefits. If you never received any notice of the problem and were never given reason to believe that your job was in jeopardy, it is likely that benefits would be granted anyway. Contesting is not a guarantee of prevailing.

  3. #3
    Join Date
    Oct 2009
    Posts
    8

    Default Re: 3-Day Suspension May Result in Termination

    Thanks for the explanation. Just to be sure I understand....even if contested, I may still be granted benefits if the state determines my employer's contestment is invalid? Does the reason for my termination have to be justified on their part or will I have to prove something to show I was fired (in my opinion) without "true" cause?

  4. #4
    Join Date
    Apr 2007
    Location
    Il.(near StL,Mo.)
    Posts
    5,252

    Default Re: 3-Day Suspension May Result in Termination

    The state decides if you get UI benefits & not the employer. The state will consider the information you furnish & the information your employer furnishes & make a decision whether benefits should be granted.

    Just tell the truth.

  5. #5
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: 3-Day Suspension May Result in Termination

    Yes, even if contested, benefits may still be granted. Since your employer is the one contesting, they have the burden of proof.

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