Don’t Voluntarily Abandon Your Job!
In Ohio Workers’ Compensation you might hear the word “abandonment” in regards to your job. Abandonment refers to the departure from your job. If you abandon your job you are no longer working there. It is roughly analogous to quitting your job, being fired/terminated, or laid off from your job. What the injured worker needs to be concerned with is whether that “abandonment” was voluntary or involuntary.
In the workers’ comp world, voluntary abandonment can be a bar to the receipt of temporary total compensation; involuntary abandonment is not. There are a few primary ways to voluntarily abandon the workplace: retirement, incarceration, and violation of a written work rule. In this article I will be focusing on the “violation of a written work rule.”
Voluntary Abandonment: Workplace Rule Violation
The “violation of a written work rule” precedent was first set out in the Ohio Supreme Court Case, Louisiana-Pacific Corp. The Court stated that a termination of an employee was “voluntary” where a written work rule or policy:
- clearly defined the prohibited conduct;
- had been previously identified by the employer as a dis chargeable offense; and
- was known or should have been known to the employee.