Euclid Manor Nursing Home v. Board of Review

501 N.E.2d 635, 28 Ohio App. 3d 17, 28 Ohio B. 26, 1985 Ohio App. LEXIS 10362
CourtOhio Court of Appeals
DecidedJuly 8, 1985
Docket49144
StatusPublished
Cited by3 cases

This text of 501 N.E.2d 635 (Euclid Manor Nursing Home v. Board of Review) is published on Counsel Stack Legal Research, covering Ohio Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Euclid Manor Nursing Home v. Board of Review, 501 N.E.2d 635, 28 Ohio App. 3d 17, 28 Ohio B. 26, 1985 Ohio App. LEXIS 10362 (Ohio Ct. App. 1985).

Opinions

Parrino, P. J.

Euclid Manor Nursing Home, Inc. (“Euclid Manor”) appeals from the trial court’s affirmance of the Ohio Bureau of Employment Services’ (“OBES”) order granting unemployment compensation benefits to claimant Judith Grauel. For the reasons adduced below, the judgment of the court of common pleas is affirmed.

I

A review of the record reveals the following relevant facts. Claimant, Judith Grauel, graduated from the Cuyahoga Community College of Nursing in June 1982. Upon leaving school, Grauel was employed as a registered nurse (“RN”) at Sunny Acres, an extended-care nursing home facility, for about a year. Grauel left Sunny Acres to join Euclid Manor as an RN supervisor. She switched jobs because the work schedule was better at Euclid Manor.

When she was hired, the nursing administrator, Ellen Pacholski, was aware that Grauel had only one year’s experience as a nurse, and absolutely no supervisory experience. In fact, Grauel was reluctant to take on the supervisory position, but was assured by the administrator that Euclid Manor would train her. Grauel was placed on a sixty-day probationary period and immediately entered an orientation program under the direct supervision of Anne Bak.

Grauel’s employment at Euclid Manor lasted only four weeks. On October 13, 1983, after working only two weeks, she was given a warning letter listing various criticisms of her job performance. On October 26, 1983, Pachol-ski sent a letter to Grauel acknowledging some improvement, but not enough. As a result, Grauel was terminated.

On or about October 27, 1983, Grauel filed an application with OBES for unemployment compensation benefits. On November 25, 1983, the administrator determined Grauel was entitled to benefits. Euclid Manor requested reconsideration, and on December 22, 1983, the initial determination was affirmed. Euclid Manor filed a timely appeal to the OBES Board of Review. A hearing was had before a board of review referee on January 26, 1984 and *18 February 21, 1984. On March 8, 1984, the referee affirmed the administrator’s decision. On April 30, 1984, leave to appeal further to the board of review was disallowed, and the referee’s decision was affirmed.

On May 7, 1984, Euclid Manor instituted an appeal to the court of common pleas. On August 16,1984, the trial court affirmed the order and award of the board of review.

Euclid Manor has filed a timely appeal from the trial court’s judgment, raising the following two assignments of error:

“First assignment of error
“The trial court erred in affirming the decision of the Board of Review, which found that the claimant/appellee, Judith A. Grauel, was discharged without just cause in connection with her work, such that no disqualification for benefits should be imposed, because same is unlawful and unreasonable, was unlawfully arrived at, and constitutes an arbitrary and capricious act and an abuse of administrative discretion.
“Second assignment of error
“The trial court erred in affirming the decision of the Board of Review, which found that the claimant/appellee, Judith A. Grauel, was discharged without just cause in connection with her work, such that no disqualification for benefits should be imposed, because same is against the manifest weight of the evidence.”

II

In support of these assignments, the appellant raises three distinct arguments. First, the evidence does not support the board’s conclusion that Grauel was terminated without just cause; second, it was prejudicial error not to admit into evidence affidavits of two Euclid Manor employees; and finally, that the referee’s determination did not state the legal reasons for the decision, and such an omission violates due process. For the purposes of clarity, each argument will be discussed separately.

A. The appellant contends that the evidence does not support OBES’s determination that Grauel was terminated without just cause. We disagree.

The law prohibits a reviewing court from substituting its judgment for the board of review’s on questions of fact or from independently interpreting the evidence. Simon v. Lake Geauga Printing Co. (1982), 69 Ohio St. 2d 41 [23 O.O.3d 57]; Kilgore v. Bd. of Review (1965), 2 Ohio App. 2d 69 [31 O.O.2d 108]. As a result, the Ohio Supreme Court has concluded that “[t]he decision of purely factual questions is primarily within the province of the referee and the board of review.” Brown-Brockmeyer Co. v. Roach (1947), 148 Ohio St. 511, 518 [36 O.O. 167]. Because the determination of whether a claimant was discharged for “just cause” is a question of fact, see Peyton v. Sun T.V. (1975), 44 Ohio App. 2d 10 [73 O.O.2d 8], the board’s conclusion must remain undisturbed if reasonably supported by the evidence.

As just noted, the evidence in the case at bar must support the board of review’s conclusion that the claimant was not discharged for “just cause.” In Sellers v. Bd. of Review (1981), 1 Ohio App. 3d 161, the court in discussing “just cause” stated as follows:

“In order to have just cause for discharge, pursuant to R.C. 4141.29, there must be some fault on the part of the employee involved, in the absence of an overwhelming contractual provision. Such fault does not require misconduct, but, nonetheless, fault must be a factor in the justification for discharge.” (Emphasis added.) Id. at 164.

Therefore, the trial court’s judgment will be affirmed if the evidence supports the claim that Grauel was terminated through no fault of her own.

*19 A review of the record clearly supports such a claim. The record indicates that Euclid Manor hired Grauel for a supervisory nursing position despite the fact that she had only limited experience as a nurse and no supervisory experience. Euclid Manor had promised to provide the claimant with the training that she needed. The evidence indicates, however, that there was a personality conflict between Grauel and the person who was to teach her, Anne Bak, and thus adequate training was not forthcoming.

Despite undisputed evidence that the claimant was a hard worker, and trying to improve, Euclid Manor determined her work to be unsatisfactory. The evidence indicates that whatever problems Miss Grauel was having were attributable to her inexperience and lack of proper training by the appellant, neither of which were the fault of the claimant. In fact, the evidence shows that the claimant was put in an untenable position. She was inexperienced and yearning to learn, but found herself in a situation where she was at first criticized for asking too many questions, and then criticized for either not asking enough questions or for asking the wrong people.

Further, there is no evidence that the claimant deceived Euclid Manor regarding her abilities nor is there sufficient evidence that her performance was any worse than nurses with similarly limited experience.

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Bluebook (online)
501 N.E.2d 635, 28 Ohio App. 3d 17, 28 Ohio B. 26, 1985 Ohio App. LEXIS 10362, Counsel Stack Legal Research, https://law.counselstack.com/opinion/euclid-manor-nursing-home-v-board-of-review-ohioctapp-1985.