I got one from Jobs and Family Services. I was not expecting one from
them, considering how I was expecting things to go.
The J&FS letter says my unemployment benefits claim was ALLOWED.
I taped that phone call we had. I opened the other envelope I already
had.
What's interesting was that the store's story changed Yet Again, this
time trying to say I was fired for Failure to Accurately Register Sales
in addition to the other 2 they've repeated all this time.
The store Has No Rule that says employees must notify management when
they suspect that an incorrect price has been entered into the computer.
REASONING they allowed my claim:
The employer alleges that the claimant engaged in willful misconduct and
dishonesty.
(The number of times I turned in found money or one lady's purse and
they want to try slapping this on me. And even after I "worked" with
them to resolve the issue about how much I paid for the cereal.)
However, the evidence does not establish that the claimant was
dishonest. He took the merchandise to the service desk where a cashier
with some managerial responsibilities allowed him to purchase the
cereal. She did not advise him that he should first bring the matter to
the attention of management.
Claimant was not responsible for entering prices into the computer.
Another employee made the error which created the situation that
ultimately resulted in the discharge of the claimant. The claimant used
poor judgement in purchasing products that he knew were incorrectly
priced. However, his conduct does not amount to an act of dishonesty.
The evidence does not support the employer's allegation that the
claimant violated three work rules. There is no evidence that the
claimant failed to accurately register sales. The claimant's job is to
scan merchandise which has already been priced. The employer has not
shown how the claimant abused Accu-Scan. The employer has provided no
evidence of a specific rule or policy which would have required the
claimant to report suspicious prices to management.
Due to his excericise of poor judgement, the claimant was deserving of
some discipline. However, he did not engage in wrongdoing of a
sufficient magnitude to justify his immediate termination.
Therefore the hearing officer finds that I was discharged without just
cause in connection with work within the meaning (of some section of the
Ohio revised code).
And there it is.
I win.
1 comment:
Now, it might be time to approach a lawyer who specializes in ADA cases, since your old boss did not like your Asperger's symptoms, basically. --Candice
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