Comments on: Is “employment at will” in jeopardy? http://www.hrlegalnews.com/is-%e2%80%9cemployment-at-will%e2%80%9d-in-jeopardy/ Up-to-the-minute cases and law impacting HR Fri, 17 Jul 2009 14:01:31 +0000 hourly 1 http://wordpress.org/?v=abc By: Linda http://www.hrlegalnews.com/is-%e2%80%9cemployment-at-will%e2%80%9d-in-jeopardy/comment-page-1/#comment-4397 Linda Wed, 04 Feb 2009 15:59:50 +0000 http://www.hrlegalnews.com/?p=104#comment-4397 I couldn't agree more with Mike's observation. We have businesses in 4 states and Ohio has by far the most unreasonable system that I have ever run across. We had one young lady that was fired for serving alcohol to a minor. She went to work elsewhere, was terminated from that job and filed her unemployment claim. Guess what?!!!! We were charged with the bulk of her claim, even though the claim was appealed several times and the fact that she broke the law as well as company policy. This is just a small sample of some of the erroneous claims our company is paying for in Ohio. Every once in a while I will get a rep from ODJFS with some common sense that does not mind rejecting one of these erroneous claims but as a whole, I've dealt with a lot of lazy state workers that just push things through the system to avoid dealing with them. I couldn’t agree more with Mike’s observation. We have businesses in 4 states and Ohio has by far the most unreasonable system that I have ever run across. We had one young lady that was fired for serving alcohol to a minor. She went to work elsewhere, was terminated from that job and filed her unemployment claim. Guess what?!!!! We were charged with the bulk of her claim, even though the claim was appealed several times and the fact that she broke the law as well as company policy. This is just a small sample of some of the erroneous claims our company is paying for in Ohio. Every once in a while I will get a rep from ODJFS with some common sense that does not mind rejecting one of these erroneous claims but as a whole, I’ve dealt with a lot of lazy state workers that just push things through the system to avoid dealing with them.

]]> By: Mike http://www.hrlegalnews.com/is-%e2%80%9cemployment-at-will%e2%80%9d-in-jeopardy/comment-page-1/#comment-296 Mike Thu, 12 Jun 2008 21:40:40 +0000 http://www.hrlegalnews.com/?p=104#comment-296 Another aspect to unemployment law is when a marginal employee chooses to resign. They leave without being terminated. They take another job for a few weeks and get fired while in their probationary period. The new employer is not on the hook for much of the unemployment compensation so they aren't going to spend a lot of resources fighting the unemployment claim. However the original employer is charged with the bulk of the unemployment with little recourse. I have seen many employees do this. In 1998 the state of Ohio combined their Bureau of employment (OBES) with the state Department of Human Services (ODHS) to form the new Ohio Job and Family Services (ODJFS). Since then, the state of Ohio seems to be using the unemployment system as a defacto Welfare System. The state keeps the person off the taxpayer welfare rolls and approves unemployment which shifts the cost to the employer (which has far fewer resources than the state). The government has a responsibility to pool its resources (tax revenues) and to ensure that the citizens have some security. Another aspect to unemployment law is when a marginal employee chooses to resign. They leave without being terminated. They take another job for a few weeks and get fired while in their probationary period. The new employer is not on the hook for much of the unemployment compensation so they aren’t going to spend a lot of resources fighting the unemployment claim. However the original employer is charged with the bulk of the unemployment with little recourse.

I have seen many employees do this. In 1998 the state of Ohio combined their Bureau of employment (OBES) with the state Department of Human Services (ODHS) to form the new Ohio Job and Family Services (ODJFS). Since then, the state of Ohio seems to be using the unemployment system as a defacto Welfare System. The state keeps the person off the taxpayer welfare rolls and approves unemployment which shifts the cost to the employer (which has far fewer resources than the state).

The government has a responsibility to pool its resources (tax revenues) and to ensure that the citizens have some security.

]]> By: Bob http://www.hrlegalnews.com/is-%e2%80%9cemployment-at-will%e2%80%9d-in-jeopardy/comment-page-1/#comment-289 Bob Wed, 11 Jun 2008 19:49:20 +0000 http://www.hrlegalnews.com/?p=104#comment-289 If you let at "at will" employee go for a reason such as violating company policy, you can contest unemployment. If you let someone go when they have done nothing wrong, they should get unemployment. I am certainly not a big pro-labor person but this does not sound unfair to me. If you let at “at will” employee go for a reason such as violating company policy, you can contest unemployment. If you let someone go when they have done nothing wrong, they should get unemployment. I am certainly not a big pro-labor person but this does not sound unfair to me.

]]> By: Sue Brann http://www.hrlegalnews.com/is-%e2%80%9cemployment-at-will%e2%80%9d-in-jeopardy/comment-page-1/#comment-158 Sue Brann Thu, 15 May 2008 17:47:41 +0000 http://www.hrlegalnews.com/?p=104#comment-158 Michigan is the same type of "at will" state as Ohio. Michigan also allows that person to collect unemployment which could raise the company's unemployment tax rate. Michigan is the same type of “at will” state as Ohio. Michigan also allows that person to collect unemployment which could raise the company’s unemployment tax rate.

]]> By: Debbie Brock http://www.hrlegalnews.com/is-%e2%80%9cemployment-at-will%e2%80%9d-in-jeopardy/comment-page-1/#comment-142 Debbie Brock Wed, 14 May 2008 20:36:12 +0000 http://www.hrlegalnews.com/?p=104#comment-142 Please keep me posted to any updates. Please keep me posted to any updates.

]]> By: Mike http://www.hrlegalnews.com/is-%e2%80%9cemployment-at-will%e2%80%9d-in-jeopardy/comment-page-1/#comment-132 Mike Wed, 14 May 2008 18:06:31 +0000 http://www.hrlegalnews.com/?p=104#comment-132 I've noticed that this concept of "at will" has been under attack since at least the 60's. Employers are constantly being compared with the "ideal" employer who utilizes industry best practices all the time. When an employer doesn't measure up, then it is assumed that the employer has violated some law. There is an expectancy of fairness in our society that trumps the "at will" doctrine. Ohio is an "at will" state, however, if an employer terminates an employee without just cause that meets the reasonable person test, then the state will allow that person to collect unemployment. It isn't the same legal exposure as being sued, but it isn't purely "at will" either. I’ve noticed that this concept of “at will” has been under attack since at least the 60′s. Employers are constantly being compared with the “ideal” employer who utilizes industry best practices all the time. When an employer doesn’t measure up, then it is assumed that the employer has violated some law. There is an expectancy of fairness in our society that trumps the “at will” doctrine.

Ohio is an “at will” state, however, if an employer terminates an employee without just cause that meets the reasonable person test, then the state will allow that person to collect unemployment. It isn’t the same legal exposure as being sued, but it isn’t purely “at will” either.

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