Horsley v. Ohio Bur. of Emp. Servs

In Horsley v. Ohio Bur. of Emp. Servs., Scioto App. No. 94CA2212, 1994 Ohio App, Sam's Club, a division of Wal-Mart, terminated an employee for showing other employees a picture of a pornographic nature. After challenging this action through Wal-Mart's "open door" policy, a different Sam's Club rehired the employee at his original wage and reinstated his profit sharing plan. Id. However, the employee lost his seniority and benefits. Id. Because another Sam's Club eventually rehired him, the Commission found that he had not been discharged but was instead on a disciplinary layoff for misconduct. After the Court found that the employee in fact had been discharged, we reversed the Commission's decision and remanded the action for a determination as to whether the discharge was for just cause. Id. In reaching this decision, we noted that Sam's Club's own witnesses "stated that the employee had been discharged, and it was clearly not contemplated at that time that he would return to his former job." Furthermore, Sam's Club never reinstated the employee to his former job, but instead rehired him at a different store with the loss of seniority and benefits. Id. "In short, all of the evidence showed that the parties clearly did not deem this separation to be merely a suspension without pay from which the employee would return." Id.