willowohio
Junior Member
What is the name of your state (only U.S. law)? OHIO
I would like advice on submitting an appeal and requesting a hearing to try to obtain UI benefits. Below is the initial determination and appeal response as well as background information.
My claim was disallowed on 3/26 'due to a disqualifying separation' with the following determination:
I immediately submitted an appeal with the following statement:
Below is the determination received 4/17 from my appeal request:
Background:
The rule that was violated dealt with personal finances and is covered in the company code of conduct:
I was aware of the Code item pertaining to personal borrowing; but the friends (co-workers) that loaned me the funds were my close personal friends. Yes, they were friendships that grew out of our [workplace] relationship; but how can one expect anything else when I literally grew up with the company (I was employed there for 22 years). All of my personal relationships were with wonderful people that I met at the workplace.
The reason for needing the loan(s) was to pay-off a prior 401k loan so I could access additional available funds to remediate a financial burden I was facing as a result of a gambling addiction. The funds for these loan(s) were returned within a 2 week timeframe and the lender was aware of the terms. The final loan, that triggered the investigation and resulted in the termination, was not under the above stated terms and was agreed to be repaid over a period of time.
Each of these loans were conducted out of our personal accounts and had no connection with our work or the company. The company identified the loan as a result of the repayments transactions occurring between two employee accounts, we showed up on a monitoring report. An investigation was opened in December and i attested to the fact that I was aware of the code of conduct item that was in violation.
I have been doing some 'internet research' and since the violation was not an illegal act and did not directly impact my job performance, I don�t believe that it can be grounds for disallowing UI benefits. Any advice that anyone can offer to assist with my next appeal/hearing would be greatly appreciated.
Thank you!
I would like advice on submitting an appeal and requesting a hearing to try to obtain UI benefits. Below is the initial determination and appeal response as well as background information.
My claim was disallowed on 3/26 'due to a disqualifying separation' with the following determination:
The employer discharged the claimant for violating a company rule. Evidence supports negligence or willful disregard of the rule on the part of the claimant. Evidence also allows that violating the rule was in connection with the work, did materially and substantially affect the employer's interest, and that the rule was reasonable, known and uniformly enforced. Ohio's legal standard that determines if a discharge is with just cause is whether the claimant's acts, omissions, or course of conduct were such that an ordinary person would find the discharge justifiable. After a review of the facts, this agency finds that the claimant was discharged with just cause under Section 4141.29(D)(2)(a), Ohio Revised Code.
I immediately submitted an appeal with the following statement:
The finding indicates "Evidence also allows that violating the rule was in connection with the work, did materially and substantially affect the employer's interest, and that the rule was reasonable, known and uniformly enforced."
This is not accurate. Violation of the rule had no impact to the employer's interest and had no impact on job performance or the work environment. The rule is not reasonable and infringes on ones personal life and matters that should not be a matter regulated by the employer. The incident was a mutual loan between friends from their own personal finances and NOT the employer.
And finally, the other involved party(s) were not terminated but instead received a 30 day written warning and an opportunity to correct the behavior.
This is not accurate. Violation of the rule had no impact to the employer's interest and had no impact on job performance or the work environment. The rule is not reasonable and infringes on ones personal life and matters that should not be a matter regulated by the employer. The incident was a mutual loan between friends from their own personal finances and NOT the employer.
And finally, the other involved party(s) were not terminated but instead received a 30 day written warning and an opportunity to correct the behavior.
Below is the determination received 4/17 from my appeal request:
The employer discharged the claimant for violating a company rule. Evidence supports negligence or willful disregard of the rule on the part of the claimant. Evidence also allows that violating the rule was in connection with the work, did materially and substantially affect the employer's interest, and that the rule was reasonable, known and uniformly enforced. Ohio's legal standard that determines if a discharge is with just cause is whether the claimant's acts, omissions, or course of conduct were such that an ordinary person would find the discharge justifiable. After a review of the facts, this agency finds that the claimant was discharged with just cause under Section 4141.29(D)(2)(a), Ohio Revised Code.
Background:
The rule that was violated dealt with personal finances and is covered in the company code of conduct:
The following excerpt is the item that was in violation:
�You may not borrow money (other than nominal amounts) from or lend money to or act as guarantor, co-signer or surety for customers, suppliers or other employees.
The Code goes on to say: permissible to borrow from or act as guarantor, co-signer or surety for relatives or close personal friends (but not if the friendship grew out of a [company] relationship).
�You may not borrow money (other than nominal amounts) from or lend money to or act as guarantor, co-signer or surety for customers, suppliers or other employees.
The Code goes on to say: permissible to borrow from or act as guarantor, co-signer or surety for relatives or close personal friends (but not if the friendship grew out of a [company] relationship).
I was aware of the Code item pertaining to personal borrowing; but the friends (co-workers) that loaned me the funds were my close personal friends. Yes, they were friendships that grew out of our [workplace] relationship; but how can one expect anything else when I literally grew up with the company (I was employed there for 22 years). All of my personal relationships were with wonderful people that I met at the workplace.
The reason for needing the loan(s) was to pay-off a prior 401k loan so I could access additional available funds to remediate a financial burden I was facing as a result of a gambling addiction. The funds for these loan(s) were returned within a 2 week timeframe and the lender was aware of the terms. The final loan, that triggered the investigation and resulted in the termination, was not under the above stated terms and was agreed to be repaid over a period of time.
Each of these loans were conducted out of our personal accounts and had no connection with our work or the company. The company identified the loan as a result of the repayments transactions occurring between two employee accounts, we showed up on a monitoring report. An investigation was opened in December and i attested to the fact that I was aware of the code of conduct item that was in violation.
I have been doing some 'internet research' and since the violation was not an illegal act and did not directly impact my job performance, I don�t believe that it can be grounds for disallowing UI benefits. Any advice that anyone can offer to assist with my next appeal/hearing would be greatly appreciated.
Thank you!
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