Smoot v. Dir., Ohio Dept. of Job & Family Servs.

Citations

• 2018 Ohio 270
• 105 N.E.3d 477

Syllabus

Discharge just cause unemployment benefits Review Commission appeal manifest weight of the evidence, evidence supported in record. Judgment reversed. The Review Commission's decision is not supported by the evidence in the record. The claimant was an 11-year employee at the YMCA without any disciplinary complaints in her file. Over the course of a year, the employee was involved in several physical and verbal incidents with a YMCA member. The employee advised the YMCA about these incidents. The YMCA indicated that the member's behavior would not be tolerated and the employee was to advise management if any other issues occurred. The employee and the member did have another incident. The employee advised the YMCA of the same and the YMCA did nothing to address the member's conduct. Approximately five months later, the employee and the member had the sixth and final incident that resulted in the termination of the employee's employment. The employee gave the YMCA the opportunity to correct the problem with the member and the YMCA neglected to do so. The YMCA's failure to act placed the employee in a position where she was subjected to abusive conduct while waiting for her employer to respond. This isolated incident of physical conduct with the member, when viewed along with the employee's good record of job performance and the circumstances prior to the altercation, is insufficient evidence to support the Review Commission's determination that the employee was terminated for just cause.