Cassaro v. Ohio Dept. of Job & Family Servs.
2016 Ohio 7643
| Ohio Ct. App. | 2016Background
- Sean Cassaro, a City of Bucyrus engineering technician, was terminated on October 6, 2014; he applied for unemployment benefits which ODJFS initially approved but the City appealed to the Unemployment Compensation Review Commission (the Commission).
- After two telephonic hearings, the Commission reversed ODJFS and denied benefits, finding Cassaro was discharged for just cause because he gave false information concerning a manhole (resulting in ~$5,000 in repair costs) and accused a local business owner of buying stolen property.
- The Commission found Cassaro had instructed a contractor to fill a manhole without proper inspection or record-checks and was untruthful when questioned; witnesses (city officials, contractor, and a zoning administrator) provided statements supporting the City’s version.
- Cassaro disputed the facts, denied telling the contractor to fill the manhole or accusing the business owner, and argued his account was more credible and that his termination violated civil service protections.
- The Crawford County Court of Common Pleas affirmed the Commission’s decision; Cassaro appealed to the Third District Court of Appeals, which affirmed, finding competent, credible evidence supported the Commission’s just-cause determination.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Cassaro was terminated for just cause under R.C. 4141.29 | Cassaro: no reliable, probative, substantial evidence supports that he was fired for just cause; his version is more credible | City/Commission: evidence shows Cassaro lied, falsified work-related information, and displayed disregard for employer’s interests (manhole incident + accusation about stolen property) | Held: Commission’s finding of just cause is supported by some competent, credible evidence and is not unlawful, unreasonable, or against manifest weight of the evidence |
| Whether civil service/process defects render him eligible for benefits | Cassaro: termination was improper under civil service rules and thus impacts benefits eligibility | Appellees: civil service disciplinary proceedings are separate and do not control unemployment-benefits determinations | Held: Civil-service errors (if any) do not affect unemployment-benefit eligibility; separate legal standards apply |
Key Cases Cited
- Tzangas, Plakas & Mannos v. Ohio Bur. of Emp. Servs., 73 Ohio St.3d 694 (1995) (just-cause standard; act protects involuntarily unemployed without fault)
- Irvine v. Unemp. Comp. Bd. of Review, 19 Ohio St.3d 15 (1985) (definition of just cause in statutory sense)
- Williams v. Dept. of Job & Family Servs., 129 Ohio St.3d 332 (2011) (appellate court may not reweigh evidence or judge witness credibility; affirm if some competent, credible evidence supports commission)
- Kiikka v. Ohio Bur. of Unemp. Servs., 21 Ohio App.3d 168 (1985) (employee conduct showing disregard for employer’s interests can constitute just cause)
- Sellers v. Bd. of Rev., 1 Ohio App.3d 161 (relevant precedent recognizing fault-based just-cause determinations)