TERRY S. HUNT v. DIRECTOR, OHIO DEPARTMENT OF JOB & FAMILY SERVICES, ET AL.
Case No. 12CAH040024
COURT OF APPEALS DELAWARE COUNTY, OHIO FIFTH APPELLATE DISTRICT
September 24, 2012
[Cite as Hunt v. Ohio Dept. of Job & Family Servs., 2012-Ohio-4359.]
Hоn. W. Scott Gwin, P.J., Hon. William B. Hoffman, J., Hon. Sheila G. Farmer, J.
CHARACTER OF PROCEEDING: Appeal from the Court of Common Pleas, Case No. 11CVF070788. JUDGMENT: Affirmed.
For Plaintiff-Appellant
TERRY S. HUNT, PRO SE
4323 South Sectionline Road
Delaware, OH 43015
For Defendant-Appellant
DAVID E. LEFTON
30 East Broad Street
26th Floor
Columbus, OH 43215
Farmer, J.
{¶1} On September 1, 2010, appellant, Terry Hunt, was terminated from his employment with appellee, UPS Ground Freight, Inc. Appellant was an over-the-road truck driver. Appellant applied for unemployment compensation which was granted.
{¶2} On November 1, 2010, appellee, Director, Ohio Department of Job and Family Services, issued a redetermination letter, finding appellant was terminated without just cause and therefore was entitled to unemployment compensation.
{¶3} Appellee appealed and the matter was transferred to the Review Commission. An evidentiary hearing via telephone conference call was held on March 9, 2011. By decision mailed March 17, 2011, the hearing officer reversed appellee Director‘s determination and found appellant had been terminated for just cause (falsification of driver logs). Appellant was ordered to repay the benefits he had received.
{¶4} Appellant requested further review which the Review Commission denied on June 2, 2011.
{¶5} Appellant appealed to the Court of Common Pleas of Delaware County. By judgment entry filed March 9, 2012, the trial court affirmed the Review Commission‘s decision.
{¶6} Appellant filed an appeal and this matter is now before this court for consideration. As appellant failed tо list any assignments of error pursuant to
{¶7} “APPELLANT WAS DENIED DUE PROCESS IN HIS UNEMPLOYMENT COMPENSATION CASE.”
II
{¶8} “THE FINDING OF ‘JUST CAUSE’ FOR TERMINATION WAS NOT SUPPORTED BY RELIABLE, CREDIBLE EVIDENCE AND WAS UNLAWFUL, UNREASONABLE, AND AGAINST THE MANIFEST WEIGHT OF THE EVIDENCE.”
I
{¶9} Appellant claims he was not afforded “due process” as he was not offered a third hearing on the validity of his unemployment compensation claim. We disagree.
{¶10} Appellant argues the March 9, 2011 telephone conference cаll hearing did not give him the ability to present witnesses and argue his case.
{¶11} The Review Commission file included instructions for subpoenaing witnesses, presenting documents, reviewing the file, and requesting a continuance. See, Notice of Hearing dated February 23, 2011. We find this notice and the accompanying instructions to be plain and clear and appellаnt had ample opportunity to call witnesses and present documentation.
{¶12} A transcript of the telephone conference call hearing was filed with the aрpeal. The hearing officer explained the hearing procedures to the parties as follows:
{¶13} “HEARING OFFICER: All right. Um, I will begin by explaining the procedure of these hearings. Um, my name аgain is Lisa Slotnick. I‘m a hearing officer with the Commission. I will be conducting today‘s hearing and I will also be the person who issues the decision in this case. At the beginning of the hearing I‘ll be
{¶14} “JEFF KEMPER: No ma‘am.
{¶15} “TERRY HUNT: I‘m good.” March 9, 2011 T. at 4-5.
{¶16} Upon review, we find appellant was afforded due process.
{¶17} Assignment of Error I is denied.
II
{¶18} Apрellant claims the finding of “just cause” for termination was not supported by reliable, credible evidence and was unlawful, unreasonable, and against the manifest weight of the evidence. We disagree.
{¶19} Our role in reviewing the trial court‘s decision is to determine whether the trial court appropriately applied the standard of unlawful, unreasonable or against the
{¶20} Unemployment compensatiоn can be denied if the claimant quit his/her job without just cause or was discharged for just cause.
{¶21} In finding appellee terminated appellant for just cause, the hearing officer found the following in her decision mailed March 17, 2011:
{¶22} “Claimant was employed by USP Ground Freight Inc. Company Inc. from June 23, 2009, until September 1, 2010, as an Over the Road Truck Driver. Claimant falsified his driver logs that he kept during his work in the month of August 2010. Falsifying the logs is illegal and a violation of Department of Transportation rules and
{¶23} In affirming the hеaring officer‘s determination, the trial court found the following in its decision filed March 9, 2012:
{¶24} “During the March 9, 2011 hearing, UPS representative Jeff Kemper testified that Hunt was discharged in August, 2010 after it wаs discovered that he had falsified his driver logs on four separate occasions, to wit: August 2, 2010, August 9, 2010, August 16, 2010 and August 23, 2010.
{¶25} “According to Kemper, Department of Transportation regulations prоhibit a driver from driving more than 11 hours without taking a mandatory 10 hour break. The regulations also require that a day cab driver must go to a designated safe house (i.e. a hotel) for such а break and a driver cannot simply pull over and legally sleep in his truck unless the truck is equipped with a sleeper. In August, 2010 Appellant was driving a day cab truck not equipped with а sleeper.
{¶26} “During the review hearing, Appellant Hunt confirmed that he was aware of these regulations. He further admitted that he violated the regulations by driving more than 11 hours without taking the required break and that he had falsified his logs. He also admitted that when he was first confronted by his UPS supervisor he lied and told his supervisor that he had been taking a break, as requirеd, and paying for a hotel with his own money. He subsequently (the next day) admitted to his supervisor that he had lied about the hotel room.
{¶28} “Besides testimony, the Hearing Officer was also provided copies of the Appellant‘s daily driver logs for August 2, 2010, August 9, 2010, August 16, 2010 and August 23, 2010, and other documentation regarding the time the Appellant was driving on those dates, as well as a copy of the regulations. The regulations state, in relevant part, that a driver cannot drive more than 11 hours without аt least 10 consecutive hours off duty.”
{¶29} Appellant honestly and candidly admitted to falsifying his logs. March 9, 2011 T. at 14, 27. Mr. Kemper, appellee‘s Operations Manager, testified apрellant‘s log book and the log book at the gate substantiated that appellant exceeded the ten hour rule. Id. at 8, 12. Appellee‘s employee handbook sрecifically informs a driver of time restrictions. Id. at 12-13. Appellant falsified his log book which was grounds for immediate termination. Id.
{¶30} It was appellant‘s testimony that the company rеquired him to make illegal runs time-wise and sanctioned them. Id. at 22-23, 26. Appellant did not present any substantiating witnesses.
{¶31} Upon review, we find there was reliable, credible evidence to support the finding of just cause, and the trial court did not err in determining the Review Commission‘s decision was not unlawful, unreasonable, or against the manifest weight of the evidence.
{¶33} Thе judgment of the Court of Common Pleas of Delaware County, Ohio is hereby affirmed.
By Farmer, J.
Gwin, P.J. and
Hoffman, J. concur.
s / Sheila G. Farmer
_s/ W. Scott Gwin
s/ William B. Hoffman
JUDGES
SGF/sg 907
TERRY S. HUNT v. DIRECTOR, OHIO DEPARTMENT OF JOB & FAMILY SERVICES, ET AL.
CASE NO. 12CAH040024
IN THE COURT OF APPEALS FOR DELAWARE COUNTY, OHIO FIFTH APPELLATE DISTRICT
[Cite as Hunt v. Ohio Dept. of Job & Family Servs., 2012-Ohio-4359.]
For the reasons stated in our accompanying Memorandum-Opinion, the judgment of the Court of Common Pleas of Delaware County, Ohio is affirmed. Costs to appellant.
s / Sheila G. Farmer
_s/ W. Scott Gwin
s/ William B. Hoffman
JUDGES