In the case Shepherd v. Dir., Ohio Dept. of Job & Family Servs., 2021-Ohio-3696, the Second District Court of Appeals held that by filing for unemployment benefits before attempting to resolve an employment dispute, the employee effectively resigned from their position.
Here, an employee argued that they were entitled to unemployment benefits because they were terminated without just cause. The employer argues that the employee effectively resigned by refusing to negotiate updated employment terms.
The Court of Appeals reasoned that by filing for unemployment benefits two days before meeting with the employer regarding the continued employment, the employee terminated employment and was not entitled to unemployment benefits.
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.