View Full Version : Discharged without Just Cause
wardbm08
Jun 30, 2009, 07:22 AM
I was fired from my most recent employer and was told that it was due to violation of company policy due to a specific instance. Without going into it much, I was fired for something I wrote on a message board that the company thought was in violation of their policies. I understood how that could be, but was given no warning and mentioned numerous ways the situation could be remedied, but was told they were not acceptable because, "The damage had already been done." I also asked if there were others higher up that I could speak with or if there was any kind of appeals process that could be followed, but was told there was not.
Upon applying for unemployment, I was notified by the Ohio Dept of Job and Family Services that I was discharged without just cause.
I am wondering if there is anything that can be done regarding the situation. I understand that one can legally be fired without just cause, but I don't understand how someone can give you a bogus reason that has been deemed untrue by a state office.
Is there anything that can be done in this situation?
Thank you, in advance...
Also, I was told that, due to the nature of my discharge, I am no longer allowed on company premises. My girlfriend also works for this company and I often visited her, but now cannot and cannot use the workout facility that was afforded to me and could continue to be afforded to me as a guest. Is it legal that they ban me from the premises while firing me for no reason?
TheClimateGuy
Jun 30, 2009, 07:27 AM
There is not much you can do. If they paid you the correct severance (assuming you qualified).. they were legal. Unfortunately they can fire you for any reason they want (even if they don't like the color of your hair)... they just have to pay you the correct severance pay. Good luck.
As far as not being on the premisis... if it's classified as a public building.. then you're still allowed there... they can't stop you... but if it's a private business (such as security key card access) then you won't be allowed there. If it's a store in a mall or that type of thing... go on in... they can't stop you.
wardbm08
Jun 30, 2009, 07:35 AM
There is not much you can do. If they paid you the correct severance (assuming you qualified)..they were legal. Unfortunately they can fire you for any reason they want (even if they don't like the color of your hair)....they just have to pay you the correct severance pay. Good luck.
It was through a temporary agency, but the contract was 2 years in length and I was only approximately 6 months. Into the contract. I wasn't given notice, nor severance.
ScottGem
Jun 30, 2009, 07:40 AM
First, You were not fired for no reason. You were given, what I see as, a very good reason. You violated company policy! End of story.
They need to provide no warning nor give you a chance to rectify the problem. The company policy is probably posted or given to you at employment time. THAT is your warning.
I'm not sure what the Ohio DOL meant by their declaration. Its possible the company decided not to try and block your unemployment so did not give a full reason for the termination.
As for barring you from company property, they have every right to do so.
It was through a temporary agency, but the contract was 2 years in length and I was only approximately 6 mos. into the contract. I wasn't given notice, nor severance.
If you signed a contract with them, then you need to read it carefully. If it was through a temp agency, generally the agency is your employer, not their client. So they can ask that any person the agency supplies be replaced at any time.
wardbm08
Jun 30, 2009, 07:50 AM
First, You were not fired for no reason. You were given, what I see as, a very good reason. You violated company policy! End of story.
But if that is not deemed the reason, is there anything that can be done?
ScottGem
Jun 30, 2009, 07:53 AM
What do you mean that's not deemed the reason? You stated you were toild that's the reason. And again, you were (probably) not employed by them but by the temp agency. They can switch temps anytime without giving a reason.
Sorry, my friend but I see no case here.
wardbm08
Jun 30, 2009, 07:56 AM
What do you mean that's not deemed the reason? You stated you were toild that's the reason. And again, you were (probably) not employed by them but by the temp agency. They can switch temps anytime without giving a reason.
Sorry, my friend but I see no case here.
The Ohio DOL deemed it not to be the reason. I would understand if the Ohio DOL said, "Yep, he violated company policy!" But they did not. And I was told all of this by the employment agency, not the company itself. Is there any way that I could talk to the company and they request that I be rehired or compensated?
excon
Jun 30, 2009, 07:57 AM
But if that is not deemed the reason, is there anything that can be done?Hello w:
In the absence of a contract (and I'm anxiously awaiting to hear what yours says), they don't NEED a reason. They can fire you just because they don't like the color of your lipstick.
excon
N0help4u
Jun 30, 2009, 09:04 AM
Are you sure the company specified to unemployment why you were fired?
They can fire you for no reason justified or not. They may, as Scott said not given them any reason/details so that you would be eligible for unemployment.
I really don't see anything you can do to get around any of this.
ScottGem
Jun 30, 2009, 04:07 PM
First, you are being pretty sketchy with the details. We have asked questions that you have not answered. For us to help you need to provide all the info we ask for.
Was your unemployment claim denied or approved? You have not made that clear. Second, did you sign a contract or was the contract with the employment agency? Was the employment agency paying you or did you get checks from the company you worked at? Is the employment agency trying to find you another assignment?
As far as contacting the employment agency's client, DO NOT. Most likely you were an employee of the agency and have no standing with the company. There is no way they will give you your job back. And I don't see any compensation owed to you.
JudyKayTee
Jun 30, 2009, 05:23 PM
There is not much you can do. If they paid you the correct severance (assuming you qualified)..they were legal. Unfortunately they can fire you for any reason they want (even if they don't like the color of your hair)....they just have to pay you the correct severance pay. Good luck.
As far as not being on the premisis...if it's classified as a public building..then you're still allowed there...they can't stop you...but if it's a private business (such as security key card access) then you won't be allowed there. If its a store in a mall or that type of thing...go on in...they can't stop you.
You are incorrect about where the business is located and whether the OP can be banned. If the employer has custody or control of the workplace or where the workplace is located the employer CAN ban anyone, anytime.
And, yes, the employer CAN ban the former employee from a store.
We are obviously in different States and perhaps you are quoting the laws in your State. I'm in NY.
twinkiedooter
Jun 30, 2009, 05:55 PM
You were a temporary employee. You worked for the employment agency. You were not a full time employee of the company where you worked. You cannot expect a company to give a temporary employee the rights of a full time employee working directly for the company. The company's policys were violated. The company decided to terminate your temporary services. In the future never, never post anything on a company's bulletin board unless you work directly for the company. You overstepped your bounds big time by doing that. Do not contact the company directly as they cannot give you your job back if they don't want to. You are not owed any additional compensation as you were not a full time employee of that company. Collect your unemployment until your employment agency can get you another assignment. I am in Ohio. OJFS is trying to help you by ruling in your favor.