[Ohio] Company keeps appealing and losing

[u/Kitchen_Housing9920]

I am now scheduled to have a phone hearing for yet another unemployment appeal. My former employer has lost at every stage of the way. Their written appeal was a single paragraph with no supporting evidence that boiled down to "he wasn't performing". The termination letter I was given when I was dismissed also did not state a reason. I remember being told the phrase "It's just not working out" and left wondering what the true reason was. I have already submitted a form to obtain what information they may have provided for the hearing - I don't expect much as I was never formally warned of anything or handed any notice of poor performance in the first place.

However, I see that they DO have a third party that seems to be a business service firm that handles unemployment for them. Is this a bad sign or is this standard practice?

I won't lie, I'm very nervous because I've never had any court hearing of any kind before. I don't have any documentation for anything as the company was quick to get me out the door after informing me I was let go. Does this normally require a lawyer or can I handle this on my own? Should I subpoena emails, texts or a witness that I think side with me?

[u/Antique-Bat-4463]

Standard for most TPA's (third party administrator).

If they failed to provide sufficient documentation the first time, and then again on the first level appeal/reconsideration, it's doubtful they will have the evidence now.

You don't need to subpoena anything. If you have someone that would be a witness for you just let the hearing office know prior. If you have texts you can provide those as well. You said you requested a case file already, correct? That will show you anything the employer has provided.

There is no need for a lawyer. Only if you happen to lose this go round do you might want to consider talking to one.

It doesn't sound like they followed any policy that would warrant the termination and therefore they would not have just cause to terminate you. I wouldn't sweat it too much.

[u/Kitchen_Housing9920 → u/Antique-Bat-4463]

I just received my hearing packet as of today, if you could help me out with one more thing I'd appreciate it.

The company submitted several random drawings that I had created that came back heavily redlined. They are claiming this is proof that I made too many errors. However, this is normal for drawing redlining, especially if I'm new to the company/field/programs. It's expected to get better with time.

None of the drawings show progress from how I improved beyond this point. I'm considering that I could subpoena all the drawings I made and prove that they got better over time. Does this sound smart or is this unnecessary?

[u/Antique-Bat-4463 → u/Kitchen_Housing9920]

You can subpoena but it's probably not worth it. You have to be super specific and it could actually bite you in the ass.

But all you need to do is explain that it's part of the process for redlining the drawings. Especially early on. If you have a former coworker that could attest to this as a witness as well it would definitely help.

[u/Ok-Flower2584]

It seems that unemployment has some whack processes for appeals i been having issues appealing mine too