The Cuyahoga County Court of Appeals affirmed the denial of unemployment compensation to an employee who failed to successfully complete his 9-month probationary period and attributed this to unreasonable job expectations and lack of sufficient job training. Lyons v. Director, Ohio Job and Family Services, 2008-Ohio-3547 (7/17/08). Although the employee was successful in his first three months and received a 10% raise, his performance was severely criticized thereafter and, like half of the employees who started work with him, was terminated for poor performance. The employee blamed the lack of adequate job training and unreasonable job expectations, but the court found that “[u]nsuitability [for employment] may be found where the requirements of the job are extremely stringent.”
By way of background, the employee was hired as a research analyst by a medical market research firm. His duties included conducting “epidemiology research and examining various products and their comparative differences.” The employer contended that it provided intensive training for the first three weeks, including showing “him company guidelines, protocols and worksheets but, according to [his supervisor], training was on-going.” In contrast, the employee testified that his training only lasted a few days. In any event, after his first three-month probationary evaluation, he scored well and received a 10% raise. However, his next three-month evaluation was negative and, despite being given additional time to improve, he was terminated after insufficient improvement was observed. In particular, “his analysis was not sufficiently detailed and he did not request guidance.” As evidence, emails from his supervisor’s boss were produced during the administrative hearing showing pre-existing criticism of his “work for lack of depth and content.”
His supervisor “acknowledged that, of the four people who were hired with him, only two are still with [the firm]. She also noted that [the employee] was frequently tardy but she could not say whether this interfered with his ability to perform the work. Rather, it seemed to show a loss of interest in the job. . . . . Finally, she explained that the job is extremely challenging, the company only hires "way above average workers" and it is difficult for the company to find appropriate employees. Extremely talented individuals, including a doctor, have had difficulty holding the position.” Indeed, the employee himself testified about preparing numerous drafts of reports which never met management’s expectations.
The court found that “[u]nsuitability for a position constitutes fault sufficient to support a just cause [for termination] determination.” Relying on Supreme Court precedent, the court noted that an “employer may properly find an employee unsuitable for the required work, and thus to be at fault, when: (1) the employee does not perform the required work, (2) the employer made known its expectations of the employee at the time of hiring, (3) the expectations were reasonable, and (4) the requirements of the job did not change since the date of the original hiring for that particular position.” The primary issue of contention in evaluating the employee’s entitlement to unemployment compensation was whether the employer’s job expectations were reasonable.
“The evidence demonstrated that the position is extremely challenging. It is undisputed that the company only hires "way above average workers" and it is difficult for the company to find appropriate employees. Extremely talented individuals including a doctor have had difficulty holding the position. Only two of the four people hired with [the employee] were still employed at [by the employer] at the time of the hearing. Moreover, the evidence demonstrated that the employee, although the claimant is extremely intelligent and well-educated, could not complete many of the assignments to the employer's satisfaction. The stringent job requirements do not bar the determination of unsuitability. . . . In addition, the employer's expectations were made known to [the employee] at the time he was hired, the expectations, though high, are reasonable in light of the nature of the position and the requirements of the job did not change.”
Although the employee argued that the job expectations were unreasonable in light of the amount of job training provided, the court disagreed because the employee “held the position for approximately eight months, his work was critiqued in a detailed way and personnel was available to answer questions.” In other words, permitting a suitable time for on-the-job learning, providing formal feedback and having personnel available for questions is sufficient job training.
Insomniacs can read the full decision at http://www.sconet.state.oh.us/rod/docs/pdf/8/2008/2008-ohio-3547.pdf.
NOTICE: This summary is designed merely to inform and alert you of recent legal developments. It does not constitute legal advice and does not apply to any particular situation because different facts could lead to different results. Information here can change or be amended without notice. Readers should not act upon this information without legal advice. If you have any questions about anything you have read, you should consult with or retain an employment attorney.
