Lorain County Auditor v. Ohio Unemployment Review Commission

925 N.E.2d 1038, 185 Ohio App. 3d 822
CourtOhio Court of Appeals
DecidedJanuary 11, 2010
DocketNo. 09CA009616
StatusPublished
Cited by4 cases

This text of 925 N.E.2d 1038 (Lorain County Auditor v. Ohio Unemployment Review Commission) 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
Lorain County Auditor v. Ohio Unemployment Review Commission, 925 N.E.2d 1038, 185 Ohio App. 3d 822 (Ohio Ct. App. 2010).

Opinion

Dickinson, Presiding Judge.

INTRODUCTION

{¶ 1} The Lorain County Auditor fired Karen Lemley for having too many unexcused absences. The Lorain County Department of Job and Family Services denied her application for unemployment benefits because it found that she had been discharged for just cause and was not able to work. The Unemployment Compensation Review Commission, however, reversed, finding that the reason for Lemley’s unexcused absences was medical problems beyond her control. It also found that she was able to work at the time she filed her application for benefits. The county appealed to the common pleas court, which affirmed the commission’s decision. The county has appealed, arguing that the court’s decision was incorrect because Lemley’s termination was for just cause and she did not prove that she is able to work. This court affirms because the common pleas court correctly determined that the commission’s decision is not unreasonable, unlawful, or against the manifest weight of the evidence.

FACTS

{¶ 2} In 1998, the Lorain County Auditor hired Lemley to work for the county’s child support enforcement agency. That same year, Lemley was injured in an automobile collision. After the collision, she began suffering from pain and numbness that caused her to miss work intermittently.

{¶ 3} In April 2008, Lemley missed work on several occasions, even though she had already exhausted her sick and personal time balances and her annual Family and Medical Leave Act entitlement. When her unexcused time went over 20 hours, the county fired her under its employee attendance policy.

{¶ 4} Lemley applied for unemployment benefits, but the Department of Job and Family Services denied her request because it found she had been fired for just cause and was unable to work. Lemley appealed to the Unemployment Compensation Review Commission, which held a hearing. The hearing officer determined that because the reason Lemley had missed work was “medical problems beyond her control,” her termination was without just cause. He also found that Lemley could work full time. He therefore reversed the department’s [825]*825decision. The county requested that the commission review the hearing officer’s decision, but it denied the county’s request. The county appealed to the common pleas court, which affirmed, concluding that the hearing officer’s findings were supported by competent, credible evidence and that his decision was not unlawful, unreasonable, or against the manifest weight of the evidence. The county has appealed, assigning as error that the common pleas court’s decision is incorrect.

STANDARD OF REVIEW

{¶ 5} Courts review a decision of the Unemployment Compensation Review Commission under R.C. 4141.282. The common pleas court must affirm the commission’s decision unless it was unlawful, unreasonable, or against the manifest weight of the evidence. R.C. 4141.282(H). This court applies the same standard on appeal, focusing on the decision of the commission instead of the common pleas court’s decision. Univ. of Akron v. Ohio Dept. of Job & Family Servs., 9th Dist. No. 24566, 2009-Ohio-3172, 2009 WL 1862544, ¶ 9; see Tzangas, Plakas & Mannos v. Ohio Bur. of Emp. Servs. (1995), 73 Ohio St.3d 694, 653 N.E.2d 1207, paragraph one of the syllabus.

UNEMPLOYMENT-BENEFIT ELIGIBILITY

{¶ 6} R.C. 4141.29(D)(2)(a) provides that an individual is ineligible for unemployment benefits if she was “discharged for just cause in connection with [her] work.” An individual is also ineligible for benefits if she is not “able to work.” R.C. 4141.29(A)(4)(a)(i).

{¶ 7} The county has argued that Lemley is ineligible for unemployment benefits because her termination was for just cause. “[Tjraditionally, just cause, in the statutory sense, is that which, to an ordinarily intelligent person, is a justifiable reason for doing or not doing a particular act.” Tzangas, Plakas & Mannos, 73 Ohio St.3d at 697, 653 N.E.2d 1207, quoting Irvine v. Unemp. Comp. Bd. of Review (1985), 19 Ohio St.3d 15, 17, 19 OBR 12, 482 N.E.2d 587. “Just cause determinations in the unemployment compensation context, however, also must be consistent with the legislative purpose underlying the Unemployment Compensation Act.” Id. “The act was intended to provide financial assistance to an individual who had worked, was able and willing to work, but was temporarily without employment through no fault or agreement of [her] own.” Id., quoting Irvine, 19 Ohio St.3d at 17, 19 OBR 12, 482 N.E.2d 587. “The Act does not exist to protect employees from themselves, but to protect them from economic forces over which they have no control.” Id. “When an employee is at fault, [s]he is no longer the victim of fortune’s whims, but is instead directly responsible for [her] own predicament. Fault on the employee’s part separates [her] from the Act’s intent and the Act’s protection.” Id. at 697-698, 653 N.E.2d 1207. “Fault on [826]*826behalf of the employee is an essential component of a just cause termination.” Id. at paragraph two of the syllabus.

{¶ 8} Lemley testified that she missed work intermittently because of her medical condition. She said that the reason she continued missing work even after she had exhausted her sick time and Family and Medical Leave Act entitlement was because she was “having episodes of pain.” The Assistant Director of the Department of Job and Family Services also testified that as far as he knew, the reason Lemley missed work was because of her medical problems.

{¶ 9} The county has not challenged the explanation Lemley gave for her unexcused absences. Instead, it has argued that the commission’s decision is contrary to law because, according to it, “[a] legitimate medical reason for not going to work is not a defense to repeated violations of a written absenteeism policy:” This court has repeatedly held, however, that “absenteeism * * * caused by a bona fide illness or injury is not just cause for termination of an employee.” Durgan v. Ohio Bur. of Emp. Servs. (1996), 110 Ohio App.3d 545, 550, 674 N.E.2d 1208; see Springston v. Admr., Ohio Bur. of Emp. Servs. (Jan. 5, 1983), 9th Dist. No. 1191, 1983 WL 3940, at *2, quoting Schultz v. Herman’s Furniture (1976), 52 Ohio App.2d 161, 162, 368 N.E.2d 1269. (“ ‘In regard to initial eligibility for unemployment benefits, absenteeism * * * caused by a bona fide illness reported to an employer is not just cause in connection with the work, for a discharge’ ”). This court’s position comes from its understanding that the Unemployment Compensation Act “protects those employees who cannot control the situation that leads to their separation from employment.” Durgan, 110 Ohio App.3d at 549, 674 N.E.2d 1208.

{¶ 10} To support its argument, the county has identified four cases in which courts determined that an employer had just cause to terminate an employee for absenteeism. In Day v. Stanley Elec. U.S. Co. (Jan. 16, 1996), 12th Dist. No. CA95-08-029, 1996 WL 12879, Shirley Day sued for wrongful termination after Stanley Electric fired her for excessive absenteeism.

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Bluebook (online)
925 N.E.2d 1038, 185 Ohio App. 3d 822, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lorain-county-auditor-v-ohio-unemployment-review-commission-ohioctapp-2010.