Fired for breaking company rule. No employee handbook

Get Legal Help Today

 Secured with SHA-256 Encryption

Fired for breaking company rule. No employee handbook

During a company meeting the owner of the company became extremely angry, yelling and pointing his finger in my face. I felt threaten and made my feelings known to the owner. After he took a walk to cool down, everything seemed fine. 3 days later the owner demanded that I sign a document that would allow him to reassign my customers. I refused to sign and was then told to turn in my company property and was escorted off the property. I applied for unemployment but was denied. The owner of the company claimed that I had broken a company rule and caused material substantially effect to the company. No rule was ever mentioned and the company does not have an Employee Handbook. I would like to be able to collect unemployment, what should I do?

Asked on May 18, 2017 under Employment Labor Law, Ohio

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

First of all, as to your firing, unless you had an employment contrsct or union agreement that provided you protection undet the circumstances, you have no claim for unlawful termination. An employer can set the conditions of the workplace much as it sees fit (absent some form of legally actionable discrimination). This means that an employee can be discharged for any reason or no reason at all, with or without notice. However, in this case, handbook or not, your actions my be deemed insubordination and therefore constitute cause for firing. And if an employee is dismissed due to cause, they cannot qualify for unemployment compensation. At this point, you can file an appeal with the unemployment office and see what happens.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption