Dayton, OH asked in Employment Law and Workers' Compensation for Ohio

Q: Boss left a letter on my desk saying I voluntarily resigned in a FB post and effective immediately leave. Was I fired?

The FB post was on my private personal account, it did not mention the business or anyone by name and my profile does not list where I work. I complained very angrily about her lack of enforcement on the mask mandates in the office and I did swear saying an A-hole customer was putting my health at risk. Did not name the customer. I said I guess I should look for a new job. I worked that day, the next day, and the following Monday I came in to a letter on my desk saying she took that post as my voluntary resignation effective immediately. I didn't know how to react and assumed I was fired, but upon sharing this information with others, they said the wording is strange and my employer will likely deny my unemployment. I can provide more details of the FB post and the letter of need be, but I applied for unemployment because I was told I should at least try, but now I'm worried I'll somehow get in trouble. What should I do?

I applied to unemployment as getting fired, was that ok?

1 Lawyer Answer

A: Ohio is an at-will employment state, meaning you or your employer can terminate the employment relationship at any time and for any reason (as long as the reason isn’t discriminatory). It sounds like you have been fired here based on what happened. As for unemployment, your employer can challenge your receipt of unemployment benefits if it can show it had “just cause” for terminating you. If this happens, you should explain the details surrounding your post and the context in which it was written.

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