Ohio Unemployment Hearings:
What to Expect

Your Unemployment Hearing is the most important stage of the unemployment compensation appeal process.  In all likelihood, it will be the final decision regarding your unemployment compensation.  No further hearings, and no further evidence, will be permitted after your unemployment hearing.

Here is an overview of what to expect during your unemployment hearing to help you be fully prepared.

Improve Your Chance to Obtain Benefits

The unemployment benefit appeal process does provide opportunities to obtain a determination in your favor, but you must have knowledge of the laws, the rules, and have the required tools to obtain and present evidence on your behalf.

The fact is, ODJFS does not operate based on what you know to be true, unless that truth can be shown to them, proven to them, and explained in a way that they can understand that Ohio statutes and rules require them to give you benefits.

The Ohio Unemployment Lawyers at Smith's Law Offices have the expertise and experience to navigate through the Unemployment Appeal process and to present the best case possible to obtain the benefits you deserve.   It is a simple decision: If you want to increase your chances of obtaining benefits, take advantage of a free consultation with the Ohio Unemployment Lawyers at Smith's Law Offices.

Hearing Notice

If your unemployment claim proceeds to a hearing, you will receive a notice that the case is being transferred to the Unemployment Compensation Review Commission (UCRC). This notice provides important information about your hearing, including (a) how to request your file; (b) how to subpoena witnesses and documents; and (c) how to submit documents for the hearing.

Requesting File

This is important, because the file will include more than the notices you have received, but also everything that has been submitted to ODJFS by you and your former employer, as well as responses to questionnaires, notes of telephone conversations with ODJFS, and perhaps a more detailed explanation of why ODJFS is making the decisions that it is.  Additionally, the Hearing Officer will have this file and may refer to it during the hearing, so you will want to have it to follow what is being referred to. Request your file immediately.

Subpoenas

Subpoenas can compel witnesses to attend the hearing and can be used to obtain documents from your former employer.  If there is a witness or document that you KNOW will help you, this is a valuable tool.  However, do not use it to fish.  Whatever documents you subpoena will be provided to the Hearing Officer, so if you are uncertain whether they will help you, you take a risk by requesting them.  Also, be careful when deciding whether to have current employees as witnesses, because they may become concerned about their own job security and clam up during the actual hearing while their boss is on the line.  Subpoenas can be requested up to 5 days before the hearing, but they should be requested as early as possible.

Submitting Exhibits

If you have already submitted documents, they will already be included in the file.  However, if you have other documents that you want to submit, follow the instructions to do so.  You may do so up within 14 days of receiving this notice.

Scheduling

Once your ODJFS file is transferred to the UCRC and they schedule your hearing, you will receive another notice with the date and time of the hearing and the telephone number to call.  Do NOT miss your hearing, as there are only very limited reasons ODJFS will excuse your failure to attend.

You may request to hold the hearing in person.  Generally, this should only be done when there is an important reason to do so. For example, the case may depend upon a video or visual exhibit that all parties should view together.

The Hearing

Calling In

On the day of your hearing, call in 15 minutes early.  You will provide your name and number.  Once the Hearing Officer is ready to begin, she will call you and all other parties and place you into a conference call.  The Hearing Officer will begin the hearing with a brief introduction. The hearing will be scheduled for 45 minutes, and the Hearing Officer will do what she can to keep it within that time limit.  However, if it needs to run over it may be scheduled for a second hearing.

Witnesses

In most cases, if you were terminated, the Hearing Officer will start with the employer and their witnesses.  If you resigned, the Hearing Officer will start with you instead. Based on what she sees in the file, she will ask each witness questions.  The witness will then be given the opportunity to add more, or if they are represented their representative will ask them further questions.  The other side will then be given the opportunity to cross examine each witness.

Closing Statements

At the end of the hearing, each party will be given a brief amount of time (e.g., 2 minutes) to give a closing statement – summarizing their position.

The Decision

You will not receive a decision on the day of the hearing. Rather, the Hearing Officer will close the hearing and draft their decision. In most cases, we find decisions are issued within a week, though it is not unusual for it to take a few weeks for the decision to be issued.

Obtaining Representation

Smith's Law Offices prides itself by its thorough representation during hearings.  We take care of requesting the hearing, requesting a copy of the ODJFS file, making strategic decisions about subpoenas and witnesses and request them when appropriate, and we submit exhibits in the proper format for the hearing.  We review the evidence, talk with you, and come to decisions about what are the main issues, what are the main points in contention, and what the Hearing Officer needs to be convinced of to rule in your favor.  

We give you guidance regarding how to conduct yourself during the hearing and we call into the hearing with you – so we may cross examine the employer’s witnesses, help you to explain your position to the hearing officer, and we provide the closing statement.  By becoming fully prepared for the hearing, and focusing on the important issues, you will find yourself comfortable and able to have your case presented in a compelling manner that will increase your likelihood of success.

Free Consultations

You have nothing to risk by calling Smith's Law Offices for your free consultation, so contact us today before you lose any of your unemployment appeal rights. Whether you've just received an unemployment denial and need to appeal or are about to have an unemployment hearing, we can help.

Affordable Legal Help

We offer fee options that acknowledge the difficulty of affording legal help while unemployed. In many cases, we can offer a contingency fee that requires no upfront payment, with the fee instead being paid as a percentage of the back payment that is recovered. We also provide minimal flat fees when appropriate.

Statewide Representation

Because unemployment determinations are appealed in writing, and the hearings are conducted by telephone, Smith's Law Offices successfully represents clients throughout the entire State of Ohio.

Recent Cases/News

Unemployment Benefits Restored After Unjust Termination
We successfully helped a client secure unemployment benefits after his employer terminated him for not completing a certification that wasn’t part of his original job. By proving to the Unemployment Review Commission that the employer’s demand was unreasonable and lacked just cause, we ensured our client received the financial relief he deserved.
  
Unemployment Appeal Won
December 2, 2024
Unemployment Benefits Secured After Unjust Termination
Our client was terminated after raising workplace concerns and being confronted by a co-worker. During the exchange, our client stated he didn’t respect the co-worker but emphasized the importance of working together. The employer claimed this conversation was “harassment” and fired him, leading to a denial of unemployment benefits. We appealed and represented our client at a hearing, where we successfully demonstrated that his statements didn’t amount to misconduct. The hearing officer agreed, reversing the denial and ensuring our client received the benefits he deserved.
  
Unemployment Appeal Won
November 27, 2024
Successfully Challenging an ODJFS Benefits Denial
Our client faced a challenging situation when the Ohio Department of Job and Family Services (ODJFS) denied her unemployment benefits and demanded repayment of benefits she had already received. ODJFS claimed she was terminated with just cause. However, we demonstrated at a hearing that this was not the case. Despite being placed on a performance improvement plan (PIP) prior to her termination, our client never received notice of the PIP’s extension. Additionally, she had received a positive performance review after the PIP was implemented. We also highlighted that the employer failed to provide sufficient evidence of any fault on her part that would justify termination. The hearing officer ruled in our client’s favor. She was not only entitled to keep her prior benefits but also received the additional benefits she deserved.
  
Unemployment Appeal Won
November 15, 2024
Securing Justice in Misclassification: Winning Unemployment Benefits for Our Client
Our client initially faced a denial of unemployment benefits after her employer classified her as an independent contractor. However, there are strict guidelines that prevent employers from avoiding their obligations by misclassifying employees. For instance, the Ohio Department of Job and Family Services (ODJFS) considers twenty specific factors to assess whether an individual has been correctly classified. In this case, we presented compelling documentation and testimony that demonstrated our client’s true employment status. Ultimately, the hearing officer agreed with our position, recognizing the misclassification. As a result, our client prevailed in her hearing and secured her rightful benefits.
  
Unemployment Appeal Won
November 5, 2024
Overcoming a $20,000 Unemployment Repayment Demand
Years after our client received unemployment benefits, the Ohio Department of Job and Family Services (ODJFS) demanded repayment of nearly $20,000, claiming he was not unemployed when he applied for benefits. We thoroughly investigated the situation and represented him in a hearing with the Unemployment Compensation Review Commission. During the hearing, we demonstrated that, although our client held multiple part-time positions, he had, in fact, become unemployed from one of them. The hearing officer agreed, recognizing his status as partially unemployed, and ruled in his favor, overturning the repayment demand.
  
Unemployment Appeal Won
October 29, 2024
Successfully Securing Unemployment Benefits After Unjust Denial
After being unjustly terminated, our client applied for unemployment benefits but was denied by ODJFS, which argued she was not medically able to work. We stepped in to support her case, helping her prepare for the hearing and representing her to demonstrate that, despite her medical restrictions, she was indeed capable of working. Thanks to our efforts, she won her hearing and secured the unemployment benefits she deserved.
  
Unemployment Appeal Won
October 28, 2024
Unjust Termination During Medical Leave: How We Helped Our Client Secure Unemployment Benefits
When our client was injured and required time away from work to recover, her employer unexpectedly terminated her. Upon filing for unemployment benefits, she was dismayed to find her claim denied. We stepped in to represent her at a hearing, presenting clear evidence that her absence was due to a legitimate medical condition. Our advocacy led to a successful outcome—she won her unemployment benefits, ensuring the support she deserved.
  
Unemployment Appeal Won
October 25, 2024
Securing Benefits After Unjust Termination Without Proper Notification
Our client was terminated without any active disciplinary record after his employer claimed concern over a comment he allegedly made. However, the employer failed to address this concern with him before the termination. We highlighted this lack of communication, and as a result, we prevailed at his hearing, securing approval of his benefits.
  
Unemployment Appeal Won
September 20, 2024
Overturning Unemployment Denial Due to Uncommunicated Policy Change
Our client called off work to support her sister battling cancer, only to be terminated by a new manager for not notifying her absence more than an hour before her shift—a recently implemented rule that hadn’t been communicated to her. We demonstrated this lack of prior notice, and as a result, we prevailed at her hearing, securing a fair outcome for our client.
  
Unemployment Appeal Won
September 20, 2024
Securing Benefits After Unjust Termination Due to Medical Absences
Our client was terminated for attendance issues, yet we demonstrated that these absences were due to a legitimate medical condition. Through our advocacy, our client prevailed in the case and was awarded the benefits they rightfully deserved.
  
Unemployment Appeal Won
September 3, 2024
Winning Unemployment Benefits by Proving Eligibility
Our client was initially denied unemployment benefits when ODJFS determined she lacked sufficient qualifying weeks. We gathered detailed documentation of her earnings and presented this evidence at a hearing, demonstrating that she did, in fact, meet the requirements. The hearing officer agreed, and we successfully won her case, securing the benefits she deserved.
  
Unemployment Appeal Won
August 23, 2024
Unemployment Appeal Won After Termination for Alleged Threat
Our client was employed at a company that recently experienced a cyberattack. During a phone conversation, our client described the incident, comparing the attack to hackers "throwing a grenade" into the system. Surprisingly, this metaphor led to his termination, as the employer alleged he had made a threat. In a hearing, we demonstrated that no threats were made, clarified the context, and argued that the termination lacked just cause. We successfully advocated for our client’s right to unemployment benefits, and the hearing officer agreed—resulting in a win for our client.
  
Unemployment Appeal Won
August 22, 2024
Securing Unemployment Benefits After Unjust “Resignation”
Our client was informed she was being terminated for alleged performance issues but was given the option to resign instead. When she chose to resign, ODJFS initially ruled her ineligible for unemployment benefits. At the hearing, we demonstrated that this was a resignation in lieu of termination and should be considered a termination. We further showed that the employer lacked evidence to justify termination for cause. In the end, we won the hearing, securing our client the unemployment benefits she deserved.
  
Unemployment Appeal Won
August 22, 2024
Unemployment Benefits Won After Use of Profanity
Our client came to us after her unemployment benefits were initially denied. Her employer argued that they had just cause to terminate her for using profanity in the workplace. However, the full story revealed a different perspective. During the hearing, we demonstrated that the situation had been provoked by a supervisor who was verbally aggressive, using profanities toward our client. Under these circumstances, our client simply responded, "watch your f###ing tone when you are talking to me." We argued that this response did not constitute grounds for termination. The Hearing Officer agreed with our position, finding that this did not justify the employer's action. Thanks to our advocacy, our client received her rightful benefits. We are proud to support employees facing unfair treatment and will fight to protect their rights in challenging situations.
  
Unemployment Appeal Won
August 12, 2024
Unemployment Hearing Won:
Our client faced an unexpected challenge when he was placed on a performance improvement plan despite having no prior disciplinary record. Shortly after, he was terminated without any specific reason provided. When he initially filed for unemployment benefits, his claim was denied. Believing in his right to fair treatment, we appealed the decision and represented him in a hearing, presenting the facts that demonstrated his dedication and professionalism. Through our advocacy, we successfully won his benefits, ensuring he received the support he deserved.
  
Unemployment Appeal Won
July 31, 2024
Defending Our Client’s Right to Keep Her Pandemic Benefits
When our client was asked by the ODJFS to repay the pandemic unemployment benefits she had rightly received, we stepped in to help. Through a strong appeal, we successfully defended her case, ensuring she could keep the benefits she deserved.
  
Unemployment Appeal Won
July 30, 2024
Protecting Our Client Against Unjust Fraud Claims
Our client was wrongly accused of fraud by the ODJFS for collecting unemployment compensation, leading to a demand for repayment. We appealed this determination, successfully clearing her of any fraud and eliminating the overpayment claim. At our firm, we are committed to defending our clients against unfounded accusations and safeguarding their rightful benefits.
  
Unemployment Appeal Won
July 25, 2024
Fighting for Fair Treatment and Unemployment Benefits
Our client was unfairly terminated for a minor alleged infraction, despite a spotless disciplinary record. We guided her through the appeals process and represented her at the hearing, ultimately securing the unemployment benefits she deserved.
  
Unemployment Appeal Won
July 18, 2024
Protecting Our Client’s Right to Pandemic Benefits
Our client was initially approved for pandemic unemployment benefits, only for ODJFS to later demand repayment, alleging fraud. We appealed this determination, successfully clearing his name and ensuring he retained the benefits he was rightfully due.
  
Unemployment Appeal Won
July 12, 2024
Standing Up for Educators Protecting Their Students
Our client, a dedicated teacher, intervened swiftly to protect students during an unexpected fight. Instead of commending his actions, his employer terminated him, critiquing his response for not seeking help first and second-guessing his intervention technique. We challenged this unfair decision, prevailed at the hearing, and successfully secured his unemployment benefits.
  
Unemployment Appeal Won
July 11, 2024
Securing Unemployment Benefits for a Wrongfully Denied Claim
Our client, employed through a temporary agency, was informed that his assignment had ended. Despite his repeated efforts to secure a new assignment, the agency claimed he failed to follow up and had therefore resigned. We represented him at a hearing, demonstrating that he was, in fact, unemployed through no fault of his own. As a result, he prevailed and received the unemployment benefits he rightfully deserved.
  
Unemployment Appeal Won
July 8, 2024
Defending Against Unjust Fraud Claims in Unemployment Cases
ODJFS accused our client of fraud in receiving unemployment benefits, demanding repayment of alleged overpaid funds. We appealed this decision, successfully clearing our client of fraud and eliminating the overpayment claim.
  
Unemployment Appeal Won
June 28, 2024
Reversing Unjust Fraud Determinations on Unemployment Benefits
Years after receiving unemployment benefits, our client was unexpectedly accused of fraud by ODJFS, with a demand for repayment. We represented him, successfully reversing these determinations and eliminating the claimed overpayment.
  
Unemployment Appeal Won
June 26, 2024
Successfully Eliminating Unjust Unemployment Overpayment Claims
ODJFS accused another client of fraudulently receiving unemployment benefits, seeking repayment. We appealed this determination, prevailed, and eliminated the overpayment entirely.
  
Unemployment Appeal Won
June 26, 2024
Securing Unemployment Benefits Despite Unfair Termination
Our client was fired after discussing his pay with his boss. While leaving, he allegedly used profanity, but we demonstrated at the hearing that this occurred after his termination. His conduct prior to being fired did not warrant termination, and we prevailed, securing his unemployment benefits.
  
Unemployment Appeal Won
June 24, 2024
Defending Against Unjust Termination Due to Conflicting Instructions
Our client was put in an impossible position, receiving conflicting instructions from different supervisors and then being terminated for choosing which directive to follow. At the hearing, we demonstrated that the employer lacked just cause for termination, resulting in a favorable decision for our client.
  
Unemployment Appeal Won
June 20, 2024
Successfully Challenging Unjust Termination Due to Alleged Performance Issues
Our client was placed on a performance improvement plan (PIP) and later terminated for supposedly not meeting performance expectations. At the hearing, we demonstrated that the employer lacked credible evidence to support these claims. As a result, we prevailed, and our client was approved for her unemployment benefits.
  
Unemployment Appeal Won
May 31, 2024
Securing Unemployment Benefits After Unjust Job Reassignment
Our client was unfairly removed from her role as a Regional Sales Manager and reassigned to a warehouse position at a significantly reduced salary. Faced with this demotion, she chose to resign. Initially, ODJFS denied her unemployment claim, but we stepped in, represented her at the hearing, and demonstrated that she had just cause to resign. As a result, she successfully secured her benefits.
  
Unemployment Appeal Won
May 30, 2024
Clearing Unjust Fraud Claims in Unemployment Compensation
ODJFS accused our client of fraudulently receiving unemployment compensation, demanding repayment of alleged overpayments. We appealed this determination and successfully had the fraud claims and overpayment demands removed.
  
Unemployment Appeal Won
May 28, 2024
Successfully Overturning Unjust Unemployment Fraud Allegations
Our client faced accusations of unemployment fraud, along with demands for alleged overpayments. We represented her at the hearing, where we successfully challenged these claims, resulting in the removal of both the fraud determination and overpayment demands.
  
Unemployment Appeal Won
May 24, 2024
Successfully Challenging Unjust Termination Due to Policy Misapplication
Our client was terminated for allegedly missing a safety meeting without prior notice. At the hearing, we demonstrated that, even if true, this infraction did not warrant termination under the employer’s own policy. As a result, we prevailed, securing a favorable outcome for our client.
  
Unemployment Appeal Won
May 21, 2024
Overturning Unjust Unemployment Fraud Accusations
Another client was wrongly accused of unemployment fraud, facing a substantial overpayment demand from ODJFS. Through the appeal process, we successfully reversed the determination, eliminating the repayment claim and securing a fair outcome for our client.
  
Unemployment Appeal Won
May 20, 2024
Successfully Overturning Unemployment Fraud Allegations
ODJFS accused our client of fraudulently receiving unemployment benefits, demanding repayment for alleged overpayments. We appealed this determination, won the case, and had the overpayment claim eliminated.
  
Unemployment Appeal Won
May 13, 2024
Eliminating Unjust Unemployment Fraud Claims
ODJFS accused our client of fraudulently collecting unemployment benefits and demanded repayment. We appealed the decision, successfully overturned the claim, and eliminated the overpayment.
  
Unemployment Appeal Won
May 6, 2024
Successfully Eliminating Unjust Unemployment Fraud Claims
Another client faced accusations of fraud and was ordered to repay her unemployment benefits. We appealed this decision, won the case, and eliminated the overpayment demand entirely.
  
Unemployment Appeal Won
May 3, 2024
Securing Unemployment Benefits by Challenging Unjust Denial
To qualify for unemployment, a claimant must be able to work, available for work, and actively seeking work. Our client was denied benefits after ODJFS exaggerated a minor medical issue, wrongly concluding she was unable to work. At the hearing, we demonstrated that she was fully capable of working despite her condition. As a result, we prevailed, and our client received the benefits she deserved.
  
Unemployment Appeal Won
May 1, 2024
Overturning Unjust Unemployment Fraud Accusations
Our client was wrongfully accused of fraud when applying for unemployment benefits. We appealed the decision, demonstrated that no fraud occurred, and successfully secured the approval of his benefits.
  
Unemployment Appeal Won
May 1, 2024
Overturned PUA Overpayment and Fraud Determination
Our client received Pandemic Unemployment Assistance (PUA) benefits in 2020. She was later shocked to receive a Determination from the unemployment agency that she had been overpaid and had committed fraud. We immediately filed an appeal on her behalf and fought vigorously to protect her rights. We are pleased to report that we prevailed, and our client's benefits were approved!
  
Unemployment Appeal Won
April 26, 2024
Successful Appeal of Pandemic Unemployment Overpayment
Our client received multiple determinations from the Ohio Department of Job and Family Services (ODJFS) stating she was required to repay all the pandemic unemployment benefits she had received. These notices arrived long after she had stopped collecting benefits, causing her to miss the appeal deadline. We took immediate action: filing an appeal, representing her at a hearing, and demonstrating valid reasons for the delayed appeal. Our efforts led to a successful reversal of the overpayment decision, ensuring our client did not have to repay the benefits.
  
Unemployment Appeal Won
April 25, 2024
Securing Unemployment Compensation After Unjust Termination
Our client faced termination based on allegations from co-workers regarding statements she allegedly made. At the hearing, we demonstrated that the employer did not adhere to its own progressive discipline policy, neglected to conduct a thorough investigation, failed to speak with our client prior to issuing disciplinary action, and could not provide credible evidence supporting the allegations. As a result, we successfully won the hearing, securing unemployment compensation for our client.
  
Unemployment Appeal Won
April 24, 2024
$16,000 Unemployment Overpayment Eliminated After Successful Appeal
In another case, we successfully appealed an unemployment fraud determination, resulting in the elimination of an overpayment exceeding $16,000. Our efforts relieved our client of a substantial financial burden by overturning the initial decision.
  
Unemployment Appeal Won
April 22, 2024
Fraud Determination Overturned, Overpayment Eliminated
Another client of ours received a fraud determination from ODJFS, resulting in a significant overpayment demand. We filed an appeal on her behalf, successfully contested the determination, and ultimately eliminated the overpayment, relieving her of the financial burden.
  
Unemployment Appeal Won
April 22, 2024
Unemployment Fraud Claim Reversed, Benefits Reinstated
One of our clients was issued a determination from ODJFS alleging fraud in her unemployment application, with a demand to repay all benefits received. We swiftly filed an appeal and succeeded in reversing the determination, confirming that she was rightfully entitled to the benefits she collected.
  
Unemployment Appeal Won
April 22, 2024
Fraud Allegation Overturned, No Repayment Required
Our client received a notice from ODJFS accusing her of fraud and demanding repayment of all unemployment benefits she had received. We promptly appealed this decision, representing her throughout the process. Our appeal was successful, and as a result, the fraud allegation was overturned, eliminating her obligation to repay any benefits.
  
Unemployment Appeal Won
April 22, 2024
Fraud Allegation Overturned, Overpayment Eliminated
Our client faced a fraud accusation from ODJFS, along with a demand to repay all of his unemployment benefits. We promptly filed an appeal and successfully contested the claim, resulting in the complete elimination of the overpayment requirement.
  
Unemployment Appeal Won
April 16, 2024
Unemployment Benefits Restored After Fraud Determination Overturned
Our client’s unemployment benefits were halted when ODJFS alleged he had committed fraud. We promptly appealed and represented him in a hearing, where we successfully contested the fraud determination. As a result, the fraud allegation was removed, and his benefits were restored.
  
Unemployment Appeal Won
April 16, 2024
Fraud Determination Overturned Years After Unemployment Collection
Years after receiving unemployment benefits, our client was confronted by an ODJFS claim alleging fraud due to a supposed failure to verify his identity. We challenged this unfounded determination, filed an appeal, and successfully eliminated the overpayment demand, resolving the matter in our client’s favor.
  
Unemployment Appeal Won
April 15, 2024
Overpayment Eliminated After Fraud Claim Successfully Contested
Another client of ours faced an impending overpayment demand from ODJFS, which claimed she committed fraud in her unemployment application. We demonstrated that this was unfounded, prevailed in her appeal, and eliminated the overpayment entirely.
  
Unemployment Appeal Won
April 15, 2024
Unemployment Benefits Upheld After Unjust Termination Appeal
Our client was terminated largely due to mistakes made by other employees, yet her employer appealed her unemployment benefits. We represented her at the hearing, where the Hearing Officer sided with us, stating, "Specifically, the expectations were not reasonable. The employer has not established that the claimant was directly responsible for either incident the claimant's supervisor cited at the hearing." Thanks to this ruling, our client retained her right to unemployment benefits.
  
Unemployment Appeal Won
April 12, 2024
Fraud Allegation Overturned, Unemployment Benefits Confirmed
Long after receiving her unemployment compensation, our client was notified that her benefits were allegedly overpaid and that she had committed fraud. We represented her in a hearing, where we successfully demonstrated her entitlement to the benefits. As a result, the fraud determination was overturned, affirming her right to the compensation she received.
  
Unemployment Appeal Won
April 8, 2024
Unemployment Fraud Claim Reversed, Overpayment Eliminated and Backpay Secured
Our client, who had been receiving unemployment compensation, suddenly had his benefits denied when ODJFS accused him of fraud. We promptly appealed, successfully overturned the fraud determination, and eliminated the overpayment. In addition, we secured a backpayment for him, ensuring he received the compensation he was rightfully owed.
  
Unemployment Appeal Won
April 5, 2024
PUA Overpayment Demand Reversed Years After Initial Benefits
Years after receiving Pandemic Unemployment Assistance (PUA) benefits, our client was confronted with an ODJFS demand to repay all funds due to alleged fraud. We appealed the determination, successfully won the case, and eliminated the overpayment, relieving our client of any repayment obligation.
  
Unemployment Appeal won
April 4, 2024
Unemployment Benefits Secured After Unjust Termination Due to Medical Absences
Our client faced termination due to multiple absences; however, she provided medical documentation proving her absences were for legitimate health reasons. In the hearing, we demonstrated to the hearing officer that her termination was without just cause, as she was not at fault for the absences. As a result, our client successfully retained her unemployment benefits.
  
Unemployment Appeal Won
April 1, 2024
Another Unemployment Fraud Appeal Won:
Our client received unemployment benefits in 2020, only to find ODJFS demanding all of his benefits be paid back in 2024 due to alleged fraud. We appealed and prevailed, eliminating the fraud determination and the overpayment.
  
Unemployment Appeal Won
March 27, 2024
Unemployment Hearing Won:
Our client was terminated and found her employer claiming that she had received multiple prior warnings. She had not. Further, the employer had no documentation to verify any prior warnings were given. As a result, we prevailed at the hearing, securing our client's benefits for her.
  
Unemployment Appeal Won
March 26, 2024
Unemployment Fraud Appeal Won:
Years after receiving unemployment compensation, our client received three notices claiming she was overpaid. They demanded that she repay all of her benefits until we successfully appealed the determinations and eliminated the overpayments for her.
  
Unemployment Appeal Won
March 26, 2024
Unemployment Hearing Won - No Just Cause to Terminate:
Our client found his employer throwing whatever they could at him to get his unemployment benefits denied. They claimed he was terminated with just cause for no-call/no-shows, but we showed he actually worked on the dates the employer claimed he was not work, and he called off on two other dates. The employer then claimed that our client quit, but again, we showed that had simply called off for two dates. After shutting down every argument the employer raised, we prevailed at the hearing.
  
Unemployment Appeal Won
March 25, 2024
Unemployment Hearing Won:
Our client was terminated for the ridiculous reason of not completing an I9 verification. As it turns out, he provided all of the required documents, and "It was the employer's failure to review and verify those documents that resulted in the separation." As a result, we prevailed at the hearing and obtained the benefits for our client.
  
Unemployment Appeal Won
March 22, 2024
Another PUA Fraud Appeal Won:
We prevailed with another PUA fraud appeal, keeping back the State's attempt to reclaim thousands of dollars that our client rightly received through the pandemic unemployment system.
  
Unemployment Appeal Won
March 21, 2024
Unemployment Appeal Won:
Our client was receiving benefits while working at a part-time job, which eventually ended. ODJFS insisted that he was still working at that job and denied his benefits. Through a hearing, we set things straight, prevailed, and obtained a release of his benefits.
  
Unemployment Appeal Won
March 20, 2024
Unemployment Won After Termination For Safety Violation:
Our client was performing work and reported safety concerns. The employer chose to disregard the concerns and then found itself cited by OSHA. The employer terminated our client, attempting to place the blame on him. However, through a hearing we showed the fault rest upon the employer, not our client. As a result, we won the hearing and our client was approved for his benefits.
  
Unemployment Appeal won
March 19, 2024
Late Unemployment Identity Appeal Won:
Our client received a determination notice claiming that she owed all of her unemployment benefits back because she did not prove she was who she said she was. That determination notice was issued after she collected her benefits, so she missed the 21-day appeal deadline. We accepted her case and first went through a hearing showing she had good cause for submitting the appeal late. We then went through a second hearing proving she was who she said she was. As a result, we prevailed and the overpayment was eliminated.
  
Unemployment Appeal Won
March 19, 2024
PUA Fraud Appeal Won:
We prevailed with another PUA Fraud determination, that would have resulted in our client repaying thousands of dollars.
  
Unemployment Appeal Won
March 14, 2024
Unemployment Hearing Won - No Just Cause to Terminate:
After working at his job for more than 10 years, receiving promotions along the way, our client's employer terminated him claiming he was failing to meet performance expectations. Through a hearing, we showed that this was not true and that the performance expectations and job duties changed frequently throughout his career. As a result, he won his hearing and his benefits.
  
Unemployment Appeal Won
March 14, 2024
Unemployment Hearing Won Against Federal Government:
Our client was employed through Department of the Air Force, which allegedly conducted a review of her group and then five months later terminated her as a result of that review. We showed that the investigation was faulty, that she had no prior discipline, and that the five month delay was unexplainable. As a result, we won her hearing and her benefits for her.
  
Unemployment Appeal Won
March 14, 2024
Unemployment Hearing Won:
After our client was terminated for alleged dishonesty and insubordination, we represented her through a hearing where the hearing officer concluded, "The available record does not support a conclusion that claimant acted in a willful or deliberate manner so as to intentionally disregard the employer's interests." As a result we prevailed at the hearing for our client.
  
Unemployment Appeal Won
March 14, 2024
PUA Fraud Appeal Won:
Another of our clients received a determination notice claiming the PUA benefits were fraudulent. The notice demanded all of the benefits, as well as penalties, be repaid. Through the appeal steps, we prevailed - eliminating the overpayment and fraud determination.
  
Unemployment Appeal Won
March 8, 2024
Another PUA Fraud Appeal Won:
With many people receiving PUA fraud determinations, we are steadily prevailing with our appeals to remove the determinations and overpayments, as we did with another client today.
  
Unemployment Appeal Won
March 8, 2024
PUA Unemployment Fraud Determination Won:
Our client received a notice years after she finished collecting PUA unemployment accusing her of fraud. By strategically appealing this determination, we obtained a win, the fraud determination was removed, and the overpayment Ohio was attempting to collect was removed.
  
Unemployment Appeal Won
March 1, 2024
PUA Fraud Appeal Won:
Another of our clients received a fraud determination years after they stopped collecting PUA benefits. By catching the determination quickly and taking all steps to get the determination reversed, we obtained a dismissal of the fraud determination within a couple weeks.
  
Unemployment Appeal Won
March 1, 2024
Unemployment Won After Accusation of Sexual Harrassement:
Our client had a consensual relationship with a co-worker. He had no supervisory authority of the co-worker. The employer also had no rules prohibiting tow employees from having a consensual relationship. However, after the co-worker's significant other learned of the relationship, she resigned. The employer terminated our client claiming he violated a sexual harassment policy. However, during the hearing, no harassment was shown and no rule violation was shown. As a result, we prevailed at the hearing and our client won his unemployment benefits.
  
Unemployment Appeal Won
February 28, 2024
Unemployment Appeal Won for Remote Worker:
Our client was working remotely when his boss started to complain about it. While in the midst of these discussions, the employer suddenly terminated his employment and challenged his unemployment benefits. Through a hearing, we showed that our client did not demonstrate an unreasonable disregard for the employer's interests. As a result, we won the unemployment benefits.
  
Unemployment Appeal Won
February 26, 2024
PUA Fraud Appeal Won:
Another of our clients was issued a fraud determination from ODJFS, claiming all of his pandemic unemployment benefits should be repaid, along with a fraud penalty. We prevailed with his appeal, eliminating the overpayment and eliminating the fraud determination.
  
Unemployment Appeal Won
February 23, 2024
Unemployment Appeal Won After Termination:
Our client worked remotely. She kept track of her hours and the employer's computer systems kept track of some, but not all, of the tasks she was working. Without any prior discipline, the employer terminated her claiming she committed payroll fraud because their tracking did not align. We showed the employer's systems were not reliable and we emphasized the employer failure to follow its own progressive discipline policy. As a result, we prevailed with her appeal, obtaining her unemployment benefits for her.
  
Unemployment Appeal Won
February 23, 2024
PUA Fraud Appeal Won:
Many people are receiving fraud determinations from ODJFS for their PUA benefits received years ago. We helped another such client get rid of the fraud determination and overpayment demand by processing her appeal, with the knowledge of what ODJFS needed to reverse their decision
  
Unemployment Appeal Won
February 22, 2024
Unemployment Appeal Won After Termination During Resignation Period:
Our client provided a 30-day resignation notice at which point the employer accepted the resignation effective immediately and failed to pay her through the notice period. We won the hearing, with the Hearing Officer adopting the following accepted rules for resignations: "When an employee is discharged during a notice of resignation period and the employer does not pay the employee for the balance of hours of that period, the question then becomes whether the employer had just cause in connection with work to support the discharge. In order to constitute a justifiable reason for discharge, the employer must have reasonably communicated the reason for discharge to the employee prior to the employee's submission of the resignation. . . . The employer unilaterally decided not to have claimant work out the 30-days given in her notice. This was the employer's decision and not that of claimant."
  
Unemployment Appeal Won
February 16, 2024
Unemployment Benefits Won:
After being terminated for allegedly causing a pallet to fall while operating a forklift, our client found his unemployment benefits denied too. Through a hearing, we showed that there was no financial loss to the employer as a result, and that termination was disciplinary overkill. The hearing officer agreed that there was no just cause to terminate and approved our client's benefits.
  
Unemployment Appeal Won
February 15, 2024
Unemployment Benefit Appeal Regarding Benefit Amount Approved:
When ODJFS determined the weekly benefit amount for our client, it shorted him credit for all of his employment. We appealed the determination collecting documentation of his actual pay rate, and as a result ODJFS increased his weekly benefit amount. It also issued him a backpayment for the shortages.
  
Unemployment Appeal Won
February 15, 2024
PUA Fraud Appeal Won:
Our client received a notice years after he received PUA unemployment compensation claiming that he failed to prove his identity and that he committed fraud. By gathering and submitted the correct documentation, we won his appeal.
  
Unemployment Appeal Won
February 8, 2024
Unemployment Hearing Won:
Our client was disciplined and asked to write an action plan for herself. When she turned in the action plan, the employer terminated her claiming it was dissatisfied with her plan. We showed the hearing officer that this was insufficient for just cause and as a result, her unemployment benefits were won.
  
Unemployment Appeal Won
February 4, 2024
OVI Charges Dismissed
Our client was charged with an OVI; however, through extensive negotiations we obtained a dismissal of the charges with her pleading to a traffic citation instead.
  
Ottawa County Municipal Court
February 2, 2024
Unemployment Hearing Won - Claimant Able to Work:
To qualify for unemployment benefits each week a claimant must, among other things, be able to work. Our client found his benefits denied because he had an outpatient medical procedure. Through a hearing, we showed this procedure did not keep him from being able to work. We prevailed at the hearing, winning his benefits for him.
  
Unemployment Appeal Won
January 23, 2024
Unemployment Appeal Won - No Just Cause to Terminate for Attendance:
Although our client was terminated due to general concerns with her attendance, through a hearing we showed that the employer lacked evidence of prior discipline and lacked evidence of specific policies regarding attendance. We prevailed, winning our client's unemployment benefits for her.
  
Unemployment Appeal Won
January 23, 2024
Unemployment Appeal Won After Termination for Complaints:
Our client had been disciplined at the employer, including a final warning, for alleged complaints against him. He then found himself terminated and his employer appealing his unemployment benefits. Through a hearing, we showed that the employer lacked evidence to support its allegations. It failed to present the alleged complainants as witnesses and failed to provide statements from them. As a result, the Hearing Officer agreed the Employer failed to show just cause for the termination. We won the hearing and our client received his benefits.
  
Unemployment Appeal Won
January 19, 2024
Unemployment Appeal Won - No Just Cause to Terminate for a Bad Mood:
Our client was having a hard day and was in a bad mood while at work. At one point he rolled his eyes. The employer terminated him and his unemployment benefits were denied until we prevailed at his hearing by showing that he had no prior discipline and there was no evidence that his mood caused any specific performance issues. As a result, his benefits were approved.
  
Unemployment Appeal Won
December 28, 2023
Unemployment Appeal Won - No Just Cause to Terminate For General Concerns:
Our client was terminated due to general concerns regarding his job performance, even though had not received any prior discipline or warnings. We prevailed at the hearing, showing a lack of just cause to terminate. As a result, our client won his unemployment benefits.
  
Unemployment Appeal Won
December 20, 2023
Unemployment Won For Person Unable to Work Due to Medical Reasons:
Our client was placed on light duty as a result of a medical condition. His employer did not allow him to work his physically demanding job while on light duty, so he applied for unemployment. To prevail, we showed (a) that he was unable to work his job due to a bona fide medical reason, but (b) he was able to work other jobs under the same restrictions. As a result, we prevailed at his hearing and he won his benefits.
  
Unemployment Appeal Won
December 15, 2023
Unemployment Appeal Won - No Just Cause to Terminate for Quotas:
When an employer terminates an employee for failing to meet performance expectations, they must show that the (a) the expectations were made known at the time of hire, (b) the employee did not meet the expectations, (c) the expectations were reasonable, and (d) the requirements of the job did not change since the date of hire. Although our client was terminated for failing to meet sales goals, we showed that the goals were not reasonable, and as a result we prevailed at his hearing.
  
Unemployment Appeal Won
December 14, 2023
Unemployment Won After Termination for Saying, "I'm done":
Our client informed his employer that he would be looking for another job. They called him into a meeting as a result and engaged in a heated discussion, during which he said, "I'm done." The employer attempted to argue that this was a resignation. We showed that it was not a resignation. He was simply done with the meeting. A supervisor followed him to his desk, telling him to pack his things and leave. The employer had no other just cause to terminate and therefore we prevailed with the hearing.
  
Unemployment Appeal Won
December 13, 2023
Unemployment Won - COVID Did Not Bar Benefits:
To qualify for unemployment, a person must be able to work each week that they file claims. Our client experienced a mild case of COVID only to find ODJFS denied all of his benefits after for being unable to work. Through a hearing we showed this was absurd - that our client was able to work despite a mild case of COVID. As a result, he received his benefits.
  
Unemployment Appeal Won
December 7, 2023
Unemployment Appeal Won:
Our client found his employer appealing his unemployment benefits through to a hearing. At that hearing, we established that the employer lacked evidence of misconduct and, in truth, was altering its reasons for the termination as it saw fit. As a result, we prevailed at the hearing and our client received his benefits.
  
Unemployment Appeal Won
December 4, 2023
Unemployment Won - Verified Employment:
Our client, like many, found himself denied unemployment benefits because his employer did not properly report his income. We were able to prevail with his appeal, obtaining his benefits for him.
  
Unemployment Appeal Won
December 4, 2023
Unemployment Appeal Won - ID Verification:
Many people are finding their unemployment claims denied for allegedly failing to meet ODJFS's identity verification requirements. We have been able to help every person who has received such a denial obtain their benefits. It is important to understand and know what documents ODJFS requires. We work with our clients to obtain those documents, we review and ensure they contain the required documentation, and then we pursue their case through the appeal process to obtain a win, as we did today.
  
Unemployment Appeal Won
November 30, 2023
Unemployment Appeal Won:
When a person quits a job to accept another job, ODJFS will determine this to be a disqualifying separation that suspends benefits until the person has worked six weeks at a new job, or if they started they new job within 7 days of leaving the first job, they must work the new job for at least three weeks. ODJFS frequently becomes confused about this rule or they do not see records from the new job in their system. As a result, and as with the client we obtained a win for today, we pursue the appeal process showing ODJFS the new employment and educating them about this rule.
  
Unemployment Appeal Won
November 29, 2023
Unemployment Appeal Won Despite PIP:
Our client was placed on a Performance Improvement Plan (PIP) with goals to meet. She was not told that her job was in jeopardy and at regular meetings about her goals, she was not told that she was failing to meet any of them. The employer ultimately terminated her for failing to meet the goals. The Hearing Officer agreed that the employer lacked just cause to do so. As a result, we won the hearing for our client.
  
Unemployment Appeal Won
November 16, 2023
Unemployment Appeal Won - No Just Cause to Terminate for Using Phone:
After our client was terminated for using his cell phone at work and denied unemployment benefits, we represented him through his hearing. We showed that he received no prior discipline for similar conduct, that the employer did not have a clear rule prohibiting the alleged conduct, and that in truth there was an ulterior motive for the termination. We prevailed at the hearing, wining unemployment benefits for him.
  
Unemployment Appeal Won
November 9, 2023
Unemployment Appeal Won - Employer Failed to Follow Progressive Discipline:
After receiving a promotion, our client found himself terminated just 4 months later despite receiving no prior discipline. We prevailed at his hearing, showing the Hearing Officer that the employer effectively pulled the rug out from under him, and therefore without just cause. The Hearing Officer agreed and we won the hearing.
  
Unemployment Appeal Won
November 6, 2023
Unemployment Won - Employer Failed to Follow Progressive Discipline:
Even though the employer had a five-step progressive discipline policy, it chose to terminate our client without having imposed any steps of that policy. We showed the hearing officer that no alleged conduct warranted skipping all of the progressive discipline steps and the Hearing Officer agreed there was not just cause for termination. As a result, our client own her unemployment benefits.
  
Unemployment Appeal Won
November 3, 2023
Unemployment Won - No Just Cause to Terminate for Bona Fide Medical Reasons:
The employer terminated our client for absences, but we were able to get the employer to agree that the absences were due to a bona fide medical reason. Absenteeism caused by bona fide illness or injury, reported to an employer, is not just cause for discharge. Schultz v. Herman's Furniture (1976), 52 Ohio App.2d 161 (1976), 52 Ohio App.2d 161. We, therefore, prevailed at the hearing.
  
Unemployment Appeal Won
November 3, 2023
Unemployment Appeal Won:
Our client was terminated allegedly for attendance issues and for performance issues. Through a hearing, we showed that the attendance issues were due to reasons beyond her control. We also showed that, despite the claim of performance issues our client had not received any prior discipline. As a result, we prevailed at the hearing.
  
Unemployment Appeal Won
November 1, 2023
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"Professional, upfront, knowledgeable, made the whole appeals process way less stressful, made me feel comfortable at the hearing, and won my appeal! Highly recommend using!"
Josh

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"Brian is a very good attorney and I am very happy with the way that he handled my unemployment case. He is very professional and informative and easy to talk to and he explains concerns very well. I would recommend him to anyone. He is very thorough and made me feel very confident with him handling my case. Thank you very much for your hard work in my case."
Valerie

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"Thank you Brian for representing me with my unemployment case. I was over whelmed and devastated at the loss of my job after 27 years of employment. You was my rock that helped me through this nightmare, I couldn't have done it without you. You are very professional and easy to talk to, I appreciate all you did for me."
Sandra

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"Excellent service, not only did I win my case but the level of customer service was phenomenal!! Anytime i had a question it was answered so that i could understand it.
I was also extremely prepared and ready before we went to court.
It was such a nice process. I would recommend this company to anyone i know!!"  
Jennifer

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"Beat Walmart unemployment case!  Took the time to help me think this case through. Helped me prioritize the events that happened. Came up with a winning strategy that ultimately won my appeal hearing against the retail giant Walmart!"
Brian

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"There are only good things to be said about this Law Firm, Attorney Brian Smith and Attorney John Sivinski.  I was blindsided by separation at my former employment and then denied unemployment benefits as well.  In addition to the denial of benefits, I also lost two rounds of appeals.  Before my third appeal, which involved a phone hearing, I was very fortunate to find this Law Firm.  They were meticulous and extremely experienced in helping to turn the situation around."
Jill

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"Brian is very responsive and very thorough. I was very nervous throughout the process, and he made me feel relaxed and confident. I would highly recommend Brian to all my friends and family because I am confident he will not let them down, he is very trustworthy and personable. Thanks so much Brian for your professionalism and you eagerness to go the extra mile. You are an excellent attorney."
Sonya

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"Mr. Smith is an amazing lawyer who listens and takes his time to make sure he understands every detail of your particular case. I would recommend him to my family/friends if ever needed. Mr. Smith helped me understand the procedure which helped me better prepare myself for my hearing. The outcome was exactly what we were looking for. Thank you!"
Tiffinie

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"I was extremely happy working Brian & John on my case.  They were very thorough & easy to talk with.  I would highly recommend them to anyone!"
Debra

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"Great law firm.  My attorney help me immensely. My job fired me unjustly and they help me get my unemployment back. They help file everything and keep you updated on what going on. Very friendly and helpful. Wish these guys the best in the future!"
Chris

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"Brian and his colleague John were incredibly helpful and supportive. Not only did they make me feel secure, I felt represented and heard. I won my case with their help and hard work! I highly recommend them for anyone who is having to fight their employer for unemployment. I can not thank them enough!"  
Amanda

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"Brian Smith is the best! He handled my claim in a most timely manner an professional manner. Could not have done this by myself. Bravo!!!"
Doris

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"I would absolutely recommend Law Offices of Brian J. Smith, ltd. Brian and John worked with my (juvenile) son and I on a very challenging case. The case even went to the Supreme Court. . . We wouldn’t have WON without their experience and dedication. They were very professional, considerate and understanding especially when things became overwhelming for us. We couldn’t be more thankful for their services."
Sonia

Unemployment Consultations

If you contact us for a free consultation regarding your unemployment case, there are some important questions you should be prepared to answer:

We attempt to respond to every request for an Ohio unemployment consultation the same day it is received. Due to a large volume of requests for consultations, we are occasionally unable to respond until the following business day.  Double check your email address so you can receive a response. If you leave a number for us to call you back on, be sure that your voicemail is set up so we can leave a message if you are unable to answer or screening your calls.

Out-of-Office Notice - through July 2, 2024

While we typically encourage and provide free consultations every day, Mr. Smith will be unavailable to provide consultations until July 3, 2024. He will be available for free consultations after that time.

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Please keep in mind that the success of any legal matter depends on the unique circumstances of each case and we cannot guarantee particular results for future clients based on successes we have achieved in past legal matters.