How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Marsha411JD Your Own Question

Marsha411JD
Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 17012
Experience:  Licensed Attorney with 28 yrs. exp in Employment Law
Type Your Employment Law Question Here...
Marsha411JD is online now
A new question is answered every 9 seconds

I terminated the Presidents of the companies sisters daughter.

Resolved Question:

I terminated the Presidents of the companies sisters daughter. The following monday she had made allegations from me doing drugs do not doing my job. The president gave me the option to resign or to be terminated . I resigned now am having trouble getting unemployment
Submitted: 11 months ago.
Category: Employment Law
Expert:  Marsha411JD replied 11 months ago.
Hello,

Thank you for the information. Can you please tell me what your specific legal question is? Also, can you tell me about how many employees your employer has?
Customer: replied 11 months ago.

Do I have a case of un just termination. I resigned but was forced to . The company employees over 250 people and I was the 5 person in the management food chain

Customer: replied 11 months ago.

Or will i even be able to get unemployment

Expert:  Marsha411JD replied 11 months ago.
Hello again and thank you for your reply. Like most other states, Ohio is an employment "at will" state. That means that an employer may terminate an employee for any, or no, reason and with no notice or warning unless the termination would violate an employment contract, company policy or employment discrimination law. So, unless your situation fell within one of the exceptions, your employer could have terminated you even if the reason was arbitrary, misguided and just plan wrong. In addition, since you resigned, even if you did fall within one of the exceptions, you would have a very difficult time proving wrongful termination. You can always sit down with a local employment law attorney and discuss your case in detail, but from the few facts you have provided, it does not look like you fall within the exceptions to the "at will" rule and therefore, would not have a wrongful termination or constructive discharge case.

As for unemployment benefits, when an employee resigns they are generally not qualified for UI benefits unless they can prove that they quit for "good cause" attributable to the employer. You may be able to do that if you can show that the person who accused you of this misconduct lied in their statement and you had no choice but to quit. It will not be easy to convince the hearing officer of this, but you at least have a chance.

Finally, although you did not ask, if this young lady that made those statements about you made false statements of fact to your boss, then you might have a defamation of character action against her for damaging your reputation. So, you may want to sit down with a local trial/litigation attorney who handles non-physical injury torts to discuss this is detail and see if they think it would be worth filing suit against her.

Please let me know if you need any clarification. I would be glad to assist you further if I can.
Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 17012
Experience: Licensed Attorney with 28 yrs. exp in Employment Law
Marsha411JD and 11 other Employment Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • I must thank you all for such a positive and knowledgeable Expert in your Employment Law category. She has provided much relief and answers for me in the midst of dealing with a case. I am totally pleased with her customer service and care. Mildred Washington, DC
< Last | Next >
  • I must thank you all for such a positive and knowledgeable Expert in your Employment Law category. She has provided much relief and answers for me in the midst of dealing with a case. I am totally pleased with her customer service and care. Mildred Washington, DC
  • Excellent direction from Socrateaser to help me preserve and pursue my rights as a proud American who has become unemployed in this messed-up economic downfall. Thank you Happy Customer Denver, CO
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
 
 
 

Meet The Experts:

 
 
 
  • Tina

    Lawyer

    Satisfied Customers:

    7759
    JD, BBA, recognized by ABA for excellence.
< Last | Next >
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    7759
    JD, BBA, recognized by ABA for excellence.
  • http://ww2.justanswer.com/uploads/marshadjd/2009-6-1_194320_marshajd.jpg Marsha411JD's Avatar

    Marsha411JD

    Lawyer

    Satisfied Customers:

    10539
    Licensed Attorney with 27 yrs. exp in Employment Law
  • http://ww2.justanswer.com/uploads/NY/nyclawyer/2012-6-7_22011_photo66139201112041.64x64.jpg Infolawyer's Avatar

    Infolawyer

    Lawyer

    Satisfied Customers:

    9785
    Licensed attorney helping employers and employees.
  • http://ww2.justanswer.com/uploads/JA/jaccorpsesq/2011-11-13_21141_JAnewphoto.64x64.jpg Allen M., Esq.'s Avatar

    Allen M., Esq.

    Employment Lawyer

    Satisfied Customers:

    9429
    Employment/Labor Law Litigation
  • http://ww2.justanswer.com/uploads/MI/MILawyer/2011-2-28_0311_JBUprofile.64x64.jpg JB Umphrey's Avatar

    JB Umphrey

    Lawyer

    Satisfied Customers:

    6273
    Assisting employees and employers for over 14 years.
  • http://ww2.justanswer.com/uploads/TU/TUSA/2012-6-6_55219_test.64x64.png Thoreau (T-USA)'s Avatar

    Thoreau (T-USA)

    Lawyer

    Satisfied Customers:

    2469
    Attorney
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    2214
    I provide employment and discrimination law advice in my own practice.