By Payroll and Entitlements Editorial Staff
The claimant was a police officer who entered into a “last chance agreement” with his employer after being charged with allowing underage drinking at his home. The agreement mandated he take part in his Employer’s Assistance Program. The claimant completed the EAP program and the counselor sent an email to the city informing them of the successful completion. The claimant also completed his mandatory period of probation after his guilty plea. However, the city discharged the claimant for failing to complete and provide proof of his enrollment in the required EAP program. The city claimed that the claimant had to go through the EAP twice to be compliant with the LCA, but the claimant never got a second referral and was never told to complete the EAP program again. The court held that it was not clear from the LCA if the claimant should have known to complete the EAP program twice. Further, the city did not know what the court ordered for the claimant’s treatment so it was unable to determine if he actually technically violated the LCA. The court upheld the trial court’s award of unemployment benefits to the officer (City of North Olmstead, Ohio v. Fox, Ohio Ct. of App., Eighth Dist., No. 107519, 5/19/2019).
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