Legal Question in Employment Law in Ohio
Fired for unjust cause
I have worked for a comapany for 2 years. 1 day my boss came to me and said that 1 of the buildings we work in wanted us to go to a 2 day class & have a physical & drug test. I had told her I had recently that weekend had been to a party were Pot was smoked & I was afraid that me being exposed to 2nd hand smoke Iwas afraid that THC would show up. The next day she emailed me and told me I was terminated , due to they were a drug free work place. Unemployment office said that :They said: I refused drug test. I never did I wasn't even given the chance to take one =( Do I have any rights in fighting for my Job back?? Thank you for your time
1 Answer from Attorneys
Re: Fired for unjust cause
Unless you have an employment contract or are a party to a collective bargaining agreement, there is likely little that you can do in getting your job back. Ohio is at at-will state, meaning that an employer can terminate an employee for any legal reason or, for no reason at all. In other words, the employer does not need cause to terminate an at-will employee.
Unemployment compensation, however, is another matter. To be denied for unemployment compensation, your termination must have been for just cause (�just cause� meaning some fault on the part of the employee). Unless your time to appeal the ODJFS� determination has expired, you should appeal the decision and state exactly what occurred. The appeal procedures should be explained on the determination notice you received from the ODJFS. If appealed, the matter will likely be set for a hearing at which time, you will have an opportunity to testify about what occurred as well as question the employer under oath. The time for appeal is very short, however, and therefore, you should not delay.