What to do if my husband was denied unemployment because his employer said he did not get along with a co-worker?
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What to do if my husband was denied unemployment because his employer said he did not get along with a co-worker?
He and the employee do get along; they said he violated a company rule but there is no employee or policy manual and he was let go with no notice. He was written up once 4 years priorbut nothing since. Is this just cause?
Asked on November 2, 2011 under Employment Labor Law, Ohio
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
From what you write, whether or not this would be just cause is a factual question, not a legal one. That is, violating company rules or policies would be just cause for termination, if such a violation in fact occured. Similarly, a conflict with another employee would be just cause, if such a conflict existed. You can try first appealing the denial of unemployment on the grounds that the stated reasons are untrue; if possible, provide evidence and testimony (e.g. from the other employee) that would contradict the company's claim and bolster your position. If that does not work, you could potentially bring a legal action or lawsuit. You should speak with an attorney who handles unemployment matters--having a lawyer represent you will greatly increase you odds of proving your case and prevailing.
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