Cuyahoga Court Affirms Denial of Unemployment Compensation to Employee Who Was Fired for Excessive Absenteeism.

Last month, the Cuyahoga County Court of Appeals affirmed the denial of unemployment compensation to a phlebotomist who was fired in December 2004 after missing 10 days of work in 2003 and 10 days of work in 2004. Although the employee claimed that the employer was prohibited from firing him by federal and state statutes, he never returned (or produced) his FMLA certification forms to show that his unexcused absences were caused by his alleged migraine headaches and never produced a copy of the subpoena to show that he had been subpoenaed to testify in juvenile court (which was the justification he gave for his last unexcused absence). Therefore, he could not show that his absences were protected by the FMLA or state law. Because the employer followed its progressive disciplinary process in addressing the employee’s excessive absenteeism, he had been on warning that he could lose his job if his attendance did not improve or he failed to provide a legitimate reason (such as a doctor’s excuse or subpoena). Bemak v. Ohio Job & Family Servs., 2008-Ohio-906 (3/6/08).

Insomniacs can read the full decision at http://www.sconet.state.oh.us/rod/docs/pdf/8/2008/2008-ohio-906.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.