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Briggs v. Cleveland Clinic Health System, East

Court of Appeals of Ohio, Eighth District

September 19, 2013

TIERA BRIGGS PLAINTIFF-APPELLANT
v.
CLEVELAND CLINIC HEALTH SYSTEM, EAST, ET AL. DEFENDANTS-APPELLEES

Civil Appeal from the Cuyahoga County Court of Common Pleas Case No. CV-775705

APPELLANT Tiera D. Briggs, pro se

ATTORNEY FOR APPELLEES Michele L. Jakubs.

BEFORE: Kilbane, J., Rocco, P.J., and Keough, J.

JOURNAL ENTRY AND OPINION

MARY EILEEN KILBANE, J.

(¶1} Plaintiff-appellant, Tiera Briggs ("Briggs"), pro se, appeals the trial court's judgment affirming the decision by the Ohio Unemployment Review Commission ("Review Commission"), which denied Briggs's claim for unemployment benefits. For the reasons set forth below, we affirm.

(¶2} Briggs was employed as a paramedic for defendant-appellee, Cleveland Clinic Health System-East Region, Inc. ("CCHS") from October 6, 2008, to August 5, 2011. According to CCHS, Briggs was discharged for attendance and performance violations.

(¶3} On September 8, 2011, Briggs filed an application for unemployment compensation benefits. In October 2011, the Ohio Department of Job and Family Services ("ODJFS") allowed the application, finding that Briggs was discharged without just cause. ODJFS stated that CCHS "failed to follow the established disciplinary policy when [Briggs] violated the attendance procedures." CCHS appealed this determination. The ODJFS's redetermination affirmed the initial determination that Briggs had been discharged by CCHS without just cause.

(¶4} CCHS appealed the ODJFS's redetermination, and the matter proceeded to a telephone hearing before the Review Commission on December 15, 2011. Briggs did not participate in the telephone hearing because she had a family emergency with a sick child and had laryngitis. The Review Commission reversed the ODJFS's redetermination and concluded that Briggs was discharged by CCHS for just cause in connection with her work.

(¶5} Thereafter, the Review Commission disallowed Briggs's request for further review. Briggs then filed an appeal in the Cuyahoga County Common Pleas Court. The trial court affirmed the decision of the Review Commission, concluding that the Review Commission's finding that Briggs was terminated for just cause was not "unlawful, unreasonable or against the manifest weight of the evidence."

(¶6} Briggs now appeals, raising the following single assignment of error for review.

Assignment of Error

The Hearing Officer's decision to deny [Briggs's] application for unemployment benefits was unlawful, unreasonable, and against ...


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