If you have been denied unemployment compensation benefits that you are entitled to and for which your employer has paid, it is critical to understand the levels of appeal and what happens at each stage.
When you file for unemployment benefits, your employer will be asked to provide information, after which ODJFS will make a determination regarding your eligibility for benefits. If the initial determination denies your unemployment compensation benefits, you may submit a written appeal, commonly referred to as an unemployment appeal letter. This appeal must be submitted within 21 calendar days of the determination date and can be sent by mail or fax to the processing center identified in the determination, or submitted through the online system.
If you choose to have the Ohio Unemployment Lawyers at The Law Offices of Brian J. Smith, ltd. assist you, we will notify ODJFS that we represent you and request a copy of your file, which will include more information than what is available through ODJFS’ online system. The file will contain documents, questionnaire responses, and other information provided by your former employer. We will then craft an appeal that explains why the law entitles you to unemployment compensation benefits.
Once this appeal is submitted, ODJFS has 21 days to either issue a redetermination or refer the appeal to the Unemployment Compensation Review Commission. In almost all cases, ODJFS will issue a redetermination that will either uphold its original determination or change it.
If ODJFS' redetermination is not in your favor, you have 21 days from the date the redetermination is issued to file an appeal with the Unemployment Compensation Review Commission (UCRC). Once this appeal is filed, you will first receive confirmation that the appeal has been submitted, and about a week later, you will receive a notice with the date and time of the hearing. This hearing is most often conducted by telephone, though it may be held in person if necessary.
The unemployment appeal hearing is the most important stage of the appeal process. Prior to the hearing, The Law Offices of Brian J. Smith, ltd. will request your ODJFS file, subpoena any documents that may support your position, secure any important witnesses, and discuss the hearing process with you to ensure you are comfortable with it.
During the hearing, a Hearing Officer will begin by asking witnesses questions. Any representatives will have the opportunity to follow up with additional questions. If you choose to have the Ohio Unemployment Attorneys at The Law Offices of Brian J. Smith, ltd. represent you, we will cross-examine all employer witnesses, ask follow-up questions to ensure the Hearing Officer hears and understands why you are entitled to benefits, and provide a closing statement to the Hearing Officer, outlining the law and facts that support your right to unemployment compensation.
If the Hearing Officer’s decision is not in your favor, you may submit a Request for Review to the Ohio Unemployment Compensation Review Commission (UCRC). The UCRC may deny the request or grant it, and if it grants review, it may rely on the existing record or hold an additional hearing. Because requests for review are rarely granted, the most important time to act is earlier in the process. That is why we urge you to contact the Ohio Unemployment Lawyers at The Law Offices of Brian J. Smith, ltd. before the Unemployment Appeal Hearing, when many strategies are still available to help you obtain the benefits to which you are entitled.
If the Review Commission denies your request for review or issues an unfavorable decision, you may appeal to the court of common pleas. This appeal must be filed within 30 days of the Review Commission's decision. Like the request for review, it is an uphill battle, because the court reviews the existing record rather than taking new evidence, so the outcome still depends heavily on the case built at the hearing.
The unemployment benefit appeal process offers opportunities for a favorable determination, but you must be knowledgeable about the laws and rules, as well as equipped with the necessary tools to gather and present evidence on your behalf.
Importantly, ODJFS does not consider what you believe to be true unless you can demonstrate that truth, prove it, and explain it in a way that aligns with Ohio statutes and rules requiring them to grant you benefits.
The Ohio Unemployment Lawyers at The Law Offices of Brian J. Smith, ltd. possess the expertise and experience needed to navigate the unemployment appeal process and present the strongest case possible to secure the benefits you deserve. It’s a straightforward choice: if you want to enhance your chances of obtaining benefits, take advantage of a free consultation with our firm.
