26.

Termination Without Just Cause

 
bulletInexperienced Nurse Gets Fired After Four Weeks Not Employee's Fault
bulletEmployer Faulted For Not Providing Proper Training
bulletAsking Too Many Questions Or Asking Too Few Questions

 

In this case, Euclid Manor hired the claimant with the understanding that she would be trained. The claimant was ready and willing to be trained, but Euclid Manor was not willing to invest the time. As a result, Grauel was terminated The court held that the termination was without just cause.

Facts : Claimant, Judith Grauel, graduated from the Cuyahoga Community College of Nursing in June 1982. Upon leaving school, Grauel was employed as a registered nurse ("RN") at Sunny Acres, an extended care nursing home facility, for about a year. Grauel left Sunny Acres to join Euclid Manor Nursing Home as an RN supervisor. She switched jobs because the work schedule was better at Euclid Manor.

When she was hired, the nursing administrator, Ellen Pacholski, was aware that Grauel had only one year's experience as a nurse, and absolutely no supervisory experience. In fact, Grauel was reluctant to take on the supervisory position, but was assured by the administrator that Euclid Manor would train her. Grauel was placed on a sixty-day probationary period and immediately entered an orientation program under the direct supervision of Anne Bak.

Grauel's employment at Euclid Manor lasted only four weeks. On October 13, 1983, after working only two weeks, she was given a warning letter listing various criticisms of her job performance. On October 26, 1983, Pacholski sent a letter to Grauel acknowledging some improvement, but not enough. As a result, Grauel was terminated.

On or about October 27, 1983, Grauel filed an application with Ohio Bureau of Employment Services (OBES) for unemployment compensation benefits. On November 25, 1983, the administrator determined Grauel was entitled to benefits. Euclid Manor appealed this decision. Court of Appeals of Ohio affirmed the decision.

Court Decision: In order to have just cause for discharge, there must be some fault on the part of the employee involved.

The record indicates that Euclid Manor hired Grauel for a supervisory nursing position despite the facts that she had only limited experience as a nurse and no supervisory experience. Euclid Manor had promised to provide the claimant with the training that she needed. The evidence indicates, however, that there was a personality conflict between Grauel and the person who was to teach her, Anne Bak, and thus adequate training was not forthcoming.

Despite undisputed evidence that the claimant was a hard worker, and trying to improve, Euclid Manor determined her work to be unsatisfactory. The evidence indicates that whatever problems Miss Grauel was having were attributable to her inexperience and lack of proper training by the appellant, neither of which were the fault of the claimant. In fact, the evidence shows that the claimant was put in an untenable position. She was inexperienced and yearning to learn, but found herself in a situation where she was at first criticized for asking too many questions, and then criticized for either not asking enough questions or for asking the wrong people.

Further, there is no evidence that the claimant deceived Euclid Manor regarding her abilities nor is there sufficient evidence that her performance was any worse than that of nurses with similarly limited experience. The appellant has simply maintained that her performance was not up to their standards. This alone is not sufficient to constitute termination with just cause in the case at bar. 

Euclid Manor Nursing Home v. Board of Nursing Review, Ohio Bureau of Employment Services, 28 Ohio App. 3d 17; 501 N.E. 2d 635; 28 Ohio B. Rep. 26

 

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