Posted Monday, April 14, 2014 9:46 AM | Contributed by Jeff
The Ohio Supreme Court last week listened to arguments on a legal dispute between Cedar Fair, the parent company that operates Cedar Point, and its former chief operating officer, and issued advisement. Falfas was terminated or resigned, but it's not clear which. An arbitration panel ruled for reinstatement, but Common Pleas ruled reinstatement was not necessary. The Court of Appeals did order reinstatement, but the company argues the law does not allow for it.
Falfas needs to let it go. Take the money, move on with your life. Even if he could get reinstated, what would he do? He would probably be put in a basement office and not have any authority to do anything.
As long has he could keep his red Swingline...
And do all his TPS reports...
As long as he doesn't burn the building down.
I agree. It'd be one thing if the company asked him to come back after DK stepped down. But it's pretty clear that the company either doesn't need, or want (or both), him back. I'm sure he's not hurting in the wallet. Give it a rest, sir.
And just to keep pace... If everyone else who IS employed by Cedar Fair could just go ahead and come in on Sunday as well... that'd be greeeeeeeeaat.
Cedar Fair appealed to the Ohio Supreme Court. So its not a matter of Falfas failing to move on with his life. In the end, the fight is really about money damages.Last edited by GoBucks89, Monday, April 14, 2014 1:30 PM
I'd argue the court costs could possibly be the same as just paying him, so maybe it is a bit of the principal of the thing as well. Just a thought.
Wouldn't Cedar Fair have records with exit interviews and/or termination letters versus resignation letters? Or is that a state by state thing and not all places require?
Maybe if he got a piece of cake that year...Last edited by bunky666, Monday, April 14, 2014 2:06 PM
IIRC (and it was a long while ago, so take with a grain/block of salt)...Falfas was "forced to resign" - i.e., it didn't sound completely voluntary.
If I remember right, Kinzel and CF took the position that Falfas resigned. Falfas said the never resigned but was fired (and the termination was a breach of his employment contract). Arbitrator found no evidence of resignation and found he was terminated.
CF doesn't want to get stuck with a decision that courts can award specific performance (he must get his job back) as damages for contract breach. Doubt many companies want that to be the law. But CF has the direct interest to fight it.
I've just never understood how there could be a question as to whether he resigned or was fired. In either case, there needed to be written documentation. I mean, if I quit my job, I have to write a letter of resignation. If I'm fired, my employer has to provide me with a written letter of termination. So where's the documentation? How can this be a "he said, she said" debate?
Its good business/legal practice to get a resignation/termination in writing (at least where a written contract is involved) because it avoids the 'he said, I said' issues. But I don't think a writing is required. I typically see termination/resignations done verbally with a written follow up. But its not fatal without it to my knowledge so long as you can establish what happened with other evidence. Can cause problems though if one party changes their mind or has a selective memory.Last edited by GoBucks89, Monday, April 14, 2014 3:22 PM
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