IN THE COURT OF APPEALS
TWELFTH APPELLATE DISTRICT OF OHIO
MADISON COUNTY
KIM F. BRUCE, :
Plaintiff-Appellant, : CASE NO. CA2003-05-020
- vs - : O P I N I O N
6/7/2004
TOM HAYES, DIRECTOR, OHIO :
DEPARTMENT OF JOB AND FAMILY
SERVICES, INC., et al., :
Defendants-Appellees. :
CIVIL APPEAL FROM MADISON COUNTY COURT OF COMMON PLEAS
Case No. 2002CV-07-159
Martin, Browne, Hull & Harper, P.L.L., Steven J. McCready, Austin P. Wildman, Eric M. Schooley, One S. Limestone Street, 8th Floor, P.O. Box 1488, Springfield, Ohio 45501-1488, for plaintiff-appellant
Jim Petro, Ohio Attorney General, David E. Lefton, 30 East Broad Street, 26th Floor, Columbus, Ohio 43215, for defendant-appellee
VALEN, J.
- Plaintiff-appellant, Kim F. Bruce, appeals a decision of the Madison County Court of Common Pleas that affirmed the decision of the Unemployment Compensation Review Commission ("Commission") disallowing benefits. We affirm the decision of the trial court.
- Appellant had worked as the Human Resources Manager at the West Jefferson facility of Harsco, Corp., Capitol Manufacturing, Inc. ("Capitol") since May 1, 2000. Appellant testified that Bobby Stamper, a Capitol employee, told her he was scheduled to appear in court and that he could possibly receive jail time. Appellant told Stamper to ask his attorney and judge whether they would allow him to participate in a work release program.
- On September 11, 2001, Stamper approached appellant about writing a letter for his attorney and the judge regarding participating in a work release program. Appellant testified that Stamper told her that he needed a letter to state his hours of employment, his drive time and any overtime hours involved in order to be eligible for the work release program. She further explained, upon cross-examination, that his drive time was to be included in his "hours worked."
- Appellant wrote and gave the requested letter to Stamper on September 11, 2001. The letter stated in pertinent part the following:
- "This letter is a 'character' reference on our employee Bobby Stamper. Bobby's employment began with Capital Manufacturing on February 26, 2001. Even though his employment has been for a short period of time, Bobby is in a critical position as a heavy threader. As a heavy threader, Bobby is responsible for the final stages in preparing pipe to our client specifications. Without Bobby, in this position his co-workers will be unable to perform their jobs or complete our client orders. Therefore, his co-workers and the Company depend on Bobby. Bobby is known to be a team player, well liked by his supervisors and peers. His attendance is in very good standing with Capitol Manufacturing.
- "Currently Bobby's regular work hours are Monday through Friday 3:30 a.m. to 3:00 p.m. Capitol Manufacturing is currently in an [sic] 'mandatory' overtime mode [sic] meaning we expect Bobby to work Saturdays from 3:30 a.m. to 3:00 p.m. It would be most appreciative to have Bobby on a work release program."
- The following week, on September 17, 2001, appellant faxed a letter to the Clark County Jail with an update of Stamper's work hours. In the fax she stated, "Bobby Stamper is an employee of Capitol Manufacturing, he is currently on a work release program. For the week of September 17, 2001, Mr. Stamper is required to work overtime. It is necessary for Mr. Stamper to leave the Clark County Jail by 5:00 a.m. to meet his scheduled work time."
- The same day that appellant faxed the letter, she suffered a ruptured aneurysm in her leg requiring her to take medical leave. Appellant was not able to return to work until October 15, 2001.
- While appellant was out on medical leave, the Clark County Sheriff's Department called Capitol regarding Stamper's work hours. The sheriff's office related to Capitol that a neighbor of Stamper's complained that Stamper had been seen at home. Capitol checked Stamper's work hours and found that he worked the 6:00 a.m. to 2:30 p.m. shift. The September 11 letter stated that he worked from 3:30 a.m. to 3:00 p.m. Stamper did work overtime three days in the time period from Monday, September 10, 2001 to Monday, September 17, 2001. Stamper's time card shows that on those days, he clocked in two hours earlier, working from 4:00 a.m. to 2:30 p.m. Contrary to the September 11 letter, Capitol also noted that Stamper had not worked any Saturdays of overtime.
- In the September 17 letter to the Clark County Jail, appellant related that Stamper was still working overtime. Capitol noted that Stamper only worked overtime on September 17 of that week, and did not work that Saturday.
- After clarifying Stamper's work hours, Capitol officials felt that appellant had falsified employer records and documents. On the day that appellant returned to work from her medical leave, she was discharged for falsification of company documents.
- Appellant filed a claim for unemployment compensation. The claim was initially allowed. Capitol appealed and the determination was affirmed on reconsideration. Capitol then appealed the decision on reconsideration. On appeal, a Commission hearing officer found that appellant had been terminated for just cause and therefore denied appellant's claim for unemployment compensation. Appellant filed an appeal with the Madison County Court of Common Pleas. The common pleas court affirmed the hearing officer's decision. Appellant appeals this decision raising three assignments of error.
- Assignment of Error No. 1:
- "THE HEARING OFFICER ERRED TO THE PREJUDICE OF APPELLANT IN FINDING THE TERMINATIONS TO BE WITH 'JUST CAUSE.'"
- Assignment of Error No. 2:
- "THE STATED REASON FOR APPELLANT'S TERMINATION WAS PRETEXTUAL, UNLAWFUL, UNREASONABLE AND AGAINST THE MANIFEST WEIGHT OF THE EVIDENCE."
- In order to facilitate our analysis, we will address appellant's first and second assignments of error together. Appellant argues that she was terminated without just cause and that the decision was pretextual, unlawful, unreasonable and against the manifest weight of the evidence. She argues that no evidence of fault or misconduct to support a just cause termination was produced as the letters she wrote correctly stated Stamper's work hours and responsibilities at the time she wrote them.
- We note that appellant states in her second assignment of error that the stated reason for her termination was "pretextual, unlawful, unreasonable and against the manifest weight of the evidence." She misstates the standard of review in unemployment compensation cases, as the correct standard is "unlawful, unreasonable and against the manifest weight of the evidence." Tzangas, Plakas & Mannos v. Ohio Bur. of Emp. Serv., 73 Ohio St.3d 694,
YOUNG, P.J., and POWELL, J., concur.