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Does my husband have a chance?

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joyfree

Junior Member
What is the name of your state?My husband was employed as a food service equipment repairman in Ohio for 1.5 years. He was in a restaurant (client) and thought he was on friendly terms with the manager. He asked her if she wanted to hear joke and said that it was a "little" racy. She said to go ahead and tell her the joke(he had heard it on a radio talk show some time before). Well, she laughed at the joke, but decided a few minutes later that she was offended and my husband tried to apologize if he had offended her. She screamed at him to get away from her and he went back to doing his job. Minutes later, he got a phone call from his employer to get out of the restaurant. This was on a Friday.
On Monday, his boss called him and told him that the store manager had complained to her area supervisor and as a result, he was now banned from working in any of thier stores, which account for 80% of the employer's business.
He was told to go home and "decide what he wanted to do" by the second man in charge. He called the head boss and was told that it would probably be better if he tried to find another job, which my husband read to mean that he didn't think there was any chance to reconcile the situation.
My husband, thinking that he would be able to find another job quickly and embarrassed and blown away by the woman turing him in over a relatively silly joke (I told it at my job and my co-workers are in disbelief that he was let go over it.), went along with the boss, because he said that he would give him good references and not hold it against him.
I came home from my job to all this and the first thing I said was about unemployment, since he was basically told that he had no job. He called the boss and was told that he saw no problem with that and to go and file.
He was turned down for quitting without just cause. In the middle of all this, his back problems resurfaced and he found out that his condition had worsened to having two herniated and two bulging disks. He had gone for an interview for another job and was told that he had it, was given W-2s and a drug screen test. When he called the "new" employer about the details of reporting for work, he was put off for several days and then told that they had given the job to someone who had more experience. I believe this was due to the prescription medicines he was taking and them thinking they didn't want him with or without a prescription for the pain pills.
Well, within an hour of us e-mailing his appeal to the Ohio Bureau of Emplyment Services, his old boss called him and acted surprised to learn that he had been turned down for unemployment and that he had not received a check for his accrued vacation. A meeting was set up for the two to meet, so that he could get his last check. My husband asked if there was any chance of getting reinstated if he tried to apologize to the "offended" woman either in person or by letter, but the old boss told him that it was better to "let sleeping dogs lie." He was also told that he did not see why my husband had been turned down for unemployment and that he would look into it.
My husband thought the guy was helping him out, but it turned out otherwise. The guy even lured him into working on a side job for a friend of his repairing an electrical installation(my husband is the equivalent of a journeyman electrician). My husband was excited about this, even thinking that his old boss intended to get him back into the company as an electrician rather than an equipment technician.
My husband got his first boss and friend to work with him an a Sunday two weeks ago for this project. The former boss was to meet them with a trencher and all the supplies they needed but never showed up, so they had to dig out all the old installation by hand (great for two bulging and two herniated disks! The homeowner had to get the supplies they neede but they still got the job done, but it took twelve hours instead of six.
The next day, my husband contacted the former boss about payment for the work and asked him about what he needed to do about being turned down for unemployment a second time (quit without just cause) AGAIN. First the old boss said that he neede to find another job (REALLY???!!!). Then he said he couldn't talk at that moment but that he would call him back.
A few minutes later, my husband got a call from the boss in which he stated:"Listen, I don't know what you're trying to pull, but after I pay you for this work, I don't see the need for any further communications between the two of us!" and hung up. Subsequent calls were unanswered as well as voice mails.
A trip to a lawyer will cost $300.00 which we don't have, since my husband hasn't worked since May 9. We did file a request for a hearing immediately and set down all the facts of the case.
My husband and his first boss/fried still have not been paid for the work, as the old boss suddenly remembered that he had helped my husband replace some tools that were lost from the back of his truck after a careless co-worker failed to close the door properly. I don't see why he didn't bring this up when he gave him his last check, which incidentally was noted as being for "supplies" rather than for his accrued vacation.
My husband is undergoing spinal injections in his back right now and as such, I see no need in trying to get another job with the current medications he is taking, and treatment plan, etc.
We were hoping that the unemployment would help us get by until he can get his back fixed, either with these injections or possible surgery, but I don't know what is going to happen. Apparently, his former boss is trying to say that he would not have been laid off, but if that was the case, why isn't my husband still working there? And why wouldn't he entertain the idea of him apologizing again to the offended woman?
It's a good thing I have a good job, but the money is getting very tight and emotions are runnung high, too.
Any thought on a plan of action at this hearing would be helpful. Thanks in advance, Kathy
 


joyfree

Junior Member
Sorry it's long, but we have no money to see a lawyer since my husband hasn't worked in three months! I saw nothing about how long a post should be when I signed up. Otherwise, I wouldn't have gone into such great detail. We need some help, though, if you can trawl through my previous post. Thanks.
 

I AM ALWAYS LIABLE

Senior Member
From the instructions at the top of this page

"Posting a question in the forum? Your question may have already been answered. Please first check our home page links to full sections of professionally answered questions. Then search the forums archive of over 600,000 previously posted Q & A s. Questions about U.S. law ONLY. Please Include your state, be civil, brief, and to the point, and use lower case letters."


In other words, edit it down to a more palatable length. Take out your feelings and editorials. Give us facts only, and no conclusion type statements.

IAAL
 

joyfree

Junior Member
Well, I see my error now. I was so anxious to get some help I guess I did not completely read everything.

My husband and his former employer mutually agreed that he should find another job because he told a joke to a woman who complained to upper management and got him banned from working in 80 % of his territory. He was therefore of no use to the company and the former boss seemed to feel that there was nothing he could do to make peace with the offended woman.

His former boss told him that he should file for unemployment and that he would give him good references.

My husband has been denied twice for unemployment, the reason being that he "quit without just cause." Being told that you no longer have a job seems to me to be just cause, but that is why I am writing to you.

Health problems are preventing him from being able to get another job right now. (Spinal injections for two herniated and two bulging disks) He interviewed for another job, was told that he had gotten it, and was given a start date. I believe that the drug test showed up the prescription painkillers he is taking and that is why he was told on his start date that they had given the job to someone more qualified.

His former employer seems to be lying about what they stated to the OBES .
Regardless, how does the hearing process work and do we have any chance at all?

Thanks.
 

cbg

I'm a Northern Girl
If health problems are preventing him from working, it is highly unlikely that he will be able to obtain unemployment regardless of what occurred with the employer. In most if not all states, one has to be able to work, available for work and actively looking for work before one can obtain benefits. If he is unable to work due to health conditions, it is unlikely that he will qualify.
 

joyfree

Junior Member
Thanks you for your answer. I believe that my husband can find another job, probably not in his field as long as there is no required drug test that will detect the prescription medicine. I am grateful for you bringing up the fact that he cannot be disabled and collect unemployment. Many thanks.
 

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