 |
 |
to fill out a simple form to connect to Employee Leasing Services in your area.
|
|
|
|
|
Higgins v. Patterson Pools9/26/2000
APPEAL from the Franklin County Court of Common Pleas.
Appellant, Jack Higgins, appeals from a judgment of the Franklin County Court of Common Pleas affirming the decision of the Unemployment Compensation Review Commission ("commission") and denying unemployment compensation benefits to appellant. Appellant assigns a single error:
THE FRANKLIN COUNTY COURT OF COMMON PLEAS COMMITTED REVERSIBLE ERROR IN AFFIRMING THE UNEMPLOYMENT COMPENSATION BOARD OF REVIEW'S DECISION DETERMINING THAT JACK HIGGINS WAS TERMINATED WITH JUST CAUSE.
Because the decision of the commission is not unlawful, unreasonable, or against the manifest weight of the evidence, we affirm.
According to the evidence presented at the hearing before the commission's hearing officer, appellant worked as a driver and laborer for appellee, Patterson Pools, Inc. ("employer"), from June 16, 1997 until July 1998. His regularly scheduled hours were from 7:30 a.m. until 5:00 p.m.
Appellant failed to appear for work on Thursday July 23, Friday July 24, and Monday July 27, 1998. While company policy required that appellant notify the employer if he was unable to work and explain the reason for the inability, appellant neither reported for work on Thursday July 23, nor notified the employer of his inability to do so.
Kathy Herman, the office manager for the employer, paged appellant two times before 9:30 a.m. on July 23; appellant called her at 9:30 a.m. During the conversation he explained he had cut his wrist at work the evening before when he stayed late to work. Although he had gone to the hospital that night to get a tetanus shot, his hand was still swollen on Thursday and he decided to seek treatment. He told Herman, however, he would be in later that day. He nonetheless failed to report for work that day and failed to call to so advise the employer. Herman made several further attempts to call him and page him. At 3:30 p.m. he called the office on July 23 and indicated he had fallen asleep on the couch all day.
During that conversation, appellant and Herman made arrangements for him to report to work on Friday, July 24. Herman asked him to be at the office at 8:00 a.m., but he stated he had physical therapy for a knee injury. They agreed that he would come to work after the therapy, somewhere between 11:00 and 12:00 o'clock. Appellant did not report as agreed, and he did not contact the employer to so advise. While others in the office attempted to contact appellant, none was successful.
His next scheduled work day was Monday, July 27. He did not appear for work at 8:00 a.m. Instead, he called at about 9:30 in the morning to report his work hours for the prior week. Appellant spoke with the employer's president, Phil Patterson. Patterson asked why appellant was not working, and appellant indicated he thought everyone knew he was hurt. Appellant, however, had not presented any medical documentation of his inability to work on July 23, 24, or July 27, though the employer did not request any. Patterson explained the lengths the employer had gone to in an effort to reach appellant and to ascertain a return date, only to have appellant not respond or fail to appear as scheduled. As a result, on July 27, the employer terminated appellant's employment.
Appellant applied for unemployment compensation benefits, which the Administrator of the Bureau of Workers' Compensation ("bureau") originally granted. The employer appealed, resulting in a reconsidered decision from the bureau which again granted benefits to appellant.
The employer again appealed, and a hearing was held before the commission's hearing officer. While the e
Page 1 2 3 Ohio Employee Leasing Services
Employee Leasing Services
|
| |
to fill out a simple form to connect to Employee Leasing Services in your area.
|
|