Sutherlin v. Interstate Brands Corp.

The majority’s reliance on our decision in Johnson & Hardin Co. v. Ohio Bur. of Emp. Serv. (June 28, 1989), Hamilton App. No. C-880319, unreported, 1989 WL 71863, does not support a reversal. In that case we observed that discharge under an employer’s “no fault” attendance policy may not constitute “just cause” under R.C. 4141.29(D)(2)(a) if the employee is not at fault. However, in Johnson & Hardin Co., id., the general fairness of the employer’s policy was not an issue before the referee, and, therefore, on the record we held that the claimant did not satisfy his burden of establishing that…