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Failing To Clock In And Out May Not Be Just Cause For Termination Under Ohio’s Unemployment Compensation System

In the case of Zanesville Metro. Hous. Auth. v. Tichenor, 2018-Ohio-4734, an Ohio appellate court held that a public employee was not terminated for just cause for purposes of unemployment compensation benefits when the employee failed to clock in and out of work on seven occasions over an eight month period.

Under Ohio’s unemployment compensation system, an applicant seeking unemployment compensation benefits is not eligible if the applicant has been discharged for just cause in connection with the applicant’s work.

The Ohio appellate court determined that an employee missing clock ins or outs on seven occasions over an eight month period had not “materially and substantially [a]ffected the employer’s best interests” and did not warrant just cause for termination with respect to unemployment compensation benefits. Tichenor at ¶ 43. Additionally, the appellate court determined that the employee was not “sufficiently warned” that he could be terminated for missing clock ins or outs because the employee was only given two written warnings and was never shown the second written warning. Tichenor at ¶ 43.

So what is the lesson here? Public employers wishing to foreclose unemployment compensation benefits should provide discipline that is clear and explicit as to the severity of the offense and should always place the employee on notice that future violations will subject the employee to discipline including, but not limited to, termination if applicable.

To read this case, click here.

Authors: Matthew John Markling and the McGown & Markling Team.

Note: This blog entry does not constitute – nor does it contain – legal advice. Legal jurisprudence is like the always changing Midwestern weather. As a result, this single blog entry cannot substitute for consultation with a McGown & Markling attorney. If legal advice is needed with respect to a specific factual situation, please feel free to contact a McGown & Markling attorney.

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