Legal Question in Employment Law in Ohio

Re: unemployment

You will have an opportunity to tell your story at the hearing. While, as you have indicated, the employer may not want a hearing, the employer has no say as to whether a hearing occurs. You have the option of asking the ODJFS to issue subpoenas (up to 3 subpoenas, I believe). You should ask that subpoenas be issued to compel the attendance of the person(s) involved, including the person who gave you the option of quitting or being fired. If anyone else was present during the conversation, consider asking for him/her/them to be subpoenaed as well. You will then have an opportunity to question these witnesses at the hearing. Do not delay or wait for a hearing date to request subpoenas�there is typically a very short window of time between the date you receive notice of the hearing and the actual hearing date and the ODJFS may not issue subpoenas on less than 5 days notice.

Even if the employer admits that you would have been fired if you did not quit, be prepared to establish that, if you had been fired, it would have been without just cause. If the employer establishes that it had cause to terminate you, your claim will likely be denied.

The information contained herein is for informational purposes only; it is not to be construed as legal advice; and it is not intended to and does not create an attorney-client relationship.