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Marsha411JD
Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 19777
Experience:  Licensed Attorney with 29 yrs. exp in Employment Law
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I terminated the Presidents of the companies sisters daughter.

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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
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 3 years 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 3 years ago.

Or will i even be able to get unemployment

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.
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