Do I have recourse regarding a denial of unemployment benefits due to information supplied by my former employer?
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Do I have recourse regarding a denial of unemployment benefits due to information supplied by my former employer?
I worked for my for former employer for about 9 months. For the first the first
7 months I had one job responsibility. And no employment related issues. At the end of 7 months, I was involuntarily transferred to another area. My job
responsibilities also changed. I was doing nothing I was hired to do. A month
later I was given the option to be put on a performance improvement plan pip
or quit and receive 30 days of pay. I wanted to attempt to keep my job and
stayed on. Most statements in the PIP were false and I offered to supply HR and my manager with documentation. They did not review. I met all of the conditions within the PIP but was still released. I asked multiple times what was required to keep my position, but my manager would not provide any specifics. I have an email from my original manager stating I was a meets employee. This was what was submitted for my performance review. However, the rating was changed by my new manager to below meets. I received the pip two week after my previous manager supplied the information. Now my employer has denied any unemployment benefits. Do I have any recourse since the initial PIP was false?
Asked on February 23, 2016 under Employment Labor Law, Ohio
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
Yes, you have the right to appeal the denial to the state department of labor's unemployment division or office. Someone there will review what you and the employer both say, as well as any documentation provided, and render an opinion as to whether you were terminated "for cause" or not. Only if terminated for cause should you be denied unemployment; if the unemployment division or office concludes that you were not fired for cause, they have the power to award you unemployment benefits or compensation over your employer's objections.
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