Firing for Employees Violation of a Written Work Rule or Policy
In Louisiana-Pacific Corp. v. Indus. Comm. (1995), 72 Ohio St.3d 401, 1995 Ohio 153, 650 N.E.2d 469, the court characterized a firing as "voluntary" where that firing is generated by the employee's violation of a written work rule or policy which:
(1) clearly defined the prohibited conduct;
(2) had been previously identified by the employer as a dischargeable offense;
(3) was known or should have been known to the employee.
In State ex rel. McKnabb v. Indus. Comm. (2001), 92 Ohio St.3d 559, 2001 Ohio 1285, 752 N.E.2d 254, the court recognized the potential for abuse in permitting a simple allegation of misconduct to preclude the payment of TTD compensation.
In McKnabb, the issue concerned Louisiana-Pacific's reference to a written work rule or policy.
The court stated that written work rules do more than just define prohibited conduct--they set forth a standard of enforcement as well.