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CCH® UNEMPLOYMENT INSURANCE — 5/21/15

Ohio court awards benefits after finding claimant’s job duties changed substantially

The Commission in this case awarded benefits upon finding that the claimant had been discharged from his employment as a maintenance mechanic at a city water plant without just cause. The employer argued that the claimant had neglected his duties concerning inspection and maintenance. However, the court rejected that argument and found that the claimant’s job requirements had changed since his date of hire. The inspections and maintenance he was required to perform became substantially different following an EPA report and the new procedures that were implemented to address the EPA’s concerns. The court found that there was evidence to support the Commission’s conclusion that change in the claimant’s duties was substantial, including the claimant’s testimony that the new requirements significantly added to his work load and evidence that the person who replaced the claimant was assisted with the job. Thus, the judgment of the trial court was reversed and the court entered a judgment affirming the decision of the agency (City of New Carlisle v. Pratt, Ohio Ct. of App., Second District, Clark County, No. 2014-CA-112, April 10, 2015).