Unemployment Appeal Letters

If your Ohio unemployment application has been denied, we have some tips and help with drafting your unemployment appeal letter.

From the start, however, we should point out that obtaining an attorney to help with the appeal process will not only increase your likelihood of obtaining benefits sooner, but it may also help to prevent mistakes that cannot be corrected later at later appeal steps.

Know What You Are Appealing

Unemployment's first decision regarding your benefits is called a Determination.  It is at this step that an appeal letter is required.  Unemployment's second decision is called a Redetermination.  That appeal should be as brief as possible, because the appeal simply triggers the telephone hearing.

Fax Your Appeal

Appeals can be filed online, mailed, or faxed.  A disadvantage to filing online is that it is sent as a block of text with no formatting, which can make it more difficult to read through.  There is also a character limit when filing online, although it may be good to try to keep your appeal brief anyway.  Mailing is another option; however, with a fax it is delivered instantly and you will receive a fax confirmation that it was sent.  Keep the fax confirmation in case you need to prove that it was sent later.

Format Your Appeal

The format of your appeal is not critical.  A standard letter format will suffice.  Here is a sample unemployment appeal letter template in Word.

Include the Basics

Three things must be on your appeal: (1) Your name; (2) Your social security number or Claimant ID number, and (3) the Determination Number that you are appealing.

Keep it on Point

The Determination will explain why your benefits have been denied.  This is usually because ODJFS believes either the employer had just cause to terminate you, or you did not have just cause to resign.  The Determinations also list the factors that were considered in coming to this conclusion.  Stick to the rules, and explain when factors the Unemployment got wrong and why.  Discussing tangents, such as why the decision seems unfair, will only dilute your arguments about the factors ODJFS believes are important.

As attorneys, our approach is to identify what the issue is, explain what the law is while citing to legal authority such as statutes and cases, explain how the law applies to the specific facts of the appeal, and conclude with an explanation that the law requires benefits to be paid in these circumstances.

Keep it Brief

Yours will not be the only appeal that the caseworker will review.  They are limited on time that they can give to each appeal.  Sometimes less is more, to ensure the caseworker is able to find and focus on the points they need to so they can rule in your favor.  Do not risk diluting your important arguments by forcing the caseworker to search through your appeal for important points mixed in with pages that concern issues that will not be considered by them, such as conspiracy theories, how unfair you feel the determination is, and how you should get the benefits because you never applied for unemployment before.

Know the Law

It is not enough to say that you do not like or do not agree with the Determination. Rather, it is better to know what the laws are and what rules unemployment follows when drafting the appeal. An experienced unemployment attorney is the best source of this information. Other sources for the laws and rules include the Workers Guide to Ohio Unemployment, the Unemployment Compensation Review Commission Abstract, Chapter 4141 of the Ohio Revised Code, and Chapter 4141 of the Ohio Administrative Code.

Support Your Points

If you have additional documents or evidence that can be submitted to support your appeal, do so.  Again, however, be aware that flooding the caseworker with documents might work against you.  The importance of a couple documents may get lost on the caseworker if they are mixed in with a stack of documents.

Be Timely

There are few excuses for submitting an appeal late.  If you do file it late, you may never obtain your unemployment compensation simply because the appeal was filed late.  At the end of each Determination a deadline is given.  Be sure to follow the deadlines.

File Weekly Claims Timely

If you file weekly claims late, even during the appeal process, you may forever lose eligibility for that week.  If the online system does not accept your claim, pick up the phone to call ODJFS to find out why and insist they take your claims.

These Are Only Guidelines

Do not be mistaken into believing that this is legal advice.  These are simply guidelines that have been found to be helpful.  Your circumstances may require a different approach.  To increase your chances of obtaining a determination in your favor, contact us for a free consultation.  We may be able to take care of filing your appeal, and representing you at each appeal step.

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.

No Fees Until You Win

Smith's Law Offices offers Free Initial Consultations. We additionally offer contingency agreements whenever possible, with no up-front fee.

We collect a fee ONLY if we are successful in obtaining your unemployment benefits for you.

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

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 State of Ohio.

Sample Employers We Have Prevailed Against

1-800-Flowers
22650 Vess LLC
Aaron's, Inc.
Ace Cash Express, Inc.
ACOSTA REMAINCO, INC.
Adecco USA, Inc.
Ads Alliance Data Systems, Inc.
Advanced Industrial Services, LLC
Advantage Sales & Marketing LLC
Ag Bells LLC
Akron General Partners, Inc.
All-Ohio Threaded Rod Co., Inc.
Allstate of Youngstown LLC
Altaquip LLC
Amazon.com Services, Inc.
American Bottling Company Inc.
American Home Patient Inc.
Americare Home Health of Bryan LLC
Ampro Computers Inc.
Amtrust North America, Inc.
Animal Hospital of Polaris, LLC
Anthem Companies, Inc.
Archbold Family Dental
Ariel Corporation
The Arms Trucking Co., Inc.
AT&T Mobility Services, LLC
Atlantis Company, Inc.
Aventiv Research, Inc.
Bar One II LLC
Barbara A. Hanson D.D.S. LLC
Bed Bath & Beyond, Inc.
Bef Foods Inc.
Berke Dental Center
Best Equipment Company Inc
Biomat USA, Inc.
BJ's Restaurant Operations Company
Blanchard Valley Regional Health Center
The Blue Berry Cafe, Inc.
Bluffton Hotel Corp.
Bob Belsterling et Al
Bolton Square Hotel Company, Inc.
Borcherding Parts, Inc.
BPI Recycling, LLC
Brookville Local Board of Education
Buckeye Cablevision, Inc.
C & R Welding Inc.
C T L Aerospace, Inc.
Cantex Inc.Cargill, Inc.
Carrols, LLC
The Carter Jones Lumber Company Inc.
Catastrophe Management Solutions
Catholic Charities Corporation
Catholic Health Care Partners
Cbocs, Inc.
Certified Flooring Installation, Inc.
Cheeseman, LLC
Chi Omega Sorority
Children's Hospital Medical Center
Chippewa Community School, LLC
Cincinnati Bell Telephone Company LLC
Citizens Bank, National Association
City of MiddletownClerac LLC
Cleveland Clinic Foundation
Cleveland Die & Manufacturing Co., Inc.
Coblentz Distributing, Inc.
Cobra Plastics, Inc.
Community Health Partners Regional Medical Center, Inc.
Component Repair Technologies, Inc.
Computer Discount, Inc.Contactus, LLC
Continuum Care Hospice, LLC
Core Manufacturing LLC
Coronado Steel Co.
Cortland Savings Banking Co.
Costco Wholesale Corporation
Creative Fabrication Ltd.
Crescent Metal Products Inc.
Crown Services
Custom Deco, LLC
Cuyahoga County Commissioners
D and M Staff, LLCD-Flawless Inc
Daniel R. Whittaker Dmd Inc.
Danop, Ltd.Dave Hart
Denham Oilfield Service, Inc.
DenOneLLC
Department of Public Safety, Ohio Highway Patrol
Dialamerica Marketing, Inc.
Dillard Tennessee, Ltd.
Djaro Inc.
Do It Best Corp Nelson Rd.
Domestic Linen Supply & Laundry Co.
Dometic Corporation
Donor Care Center, Inc
Drivetime Car Sales Company, LLC
DSW, Inc.
Earthgrains Baking Companies, Inc.
Easter Seals Tristate
The Employer Group, Inc. (PEO)
Erie County General Health District
Euclid City Board of Education
Executive Care, Ltd.Exel, Inc.
Eyetique of Cleveland, Inc.
Falls Village Retirement Community ltd
Federal Reserve Bank of Cleveland, Inc.
FedEx Ground Package System, Inc.
FIA Card Services, N.A.
Fifth Third Bank
Four Square Aggregates Ltd.
Fresh Thyme Farmers Market, LLC
Fusion, Inc.
Geauga County Auditor
Gemma Power Systems, LLC
General Die Casters, Inc.
General Mills Operations LLC
Germain Inc.
Giesecke & Devrient America Inc.
GLJMOW, LLC
Good Samaritan Hospital & Health Center, Inc.
Greater Cleveland Regional Transit Authority (GCRTA)
Green Gourmet Foods, LLC
Green Impressions, LLC
Greenstar LLC
Group Management Services, Inc.
Guardsmark LLC
Hahn Loeser & Parks Llp
Hahn Manufacturing Company, Inc.
Hamilton County Auditor
Hamilton County Park District
Hardee's
HCF of Court House, Inc.
Henkel Corporation
Hickey Metal Fabrication & Roofing, Inc.
Hickman & Lowder, Co., LP.A.
Higbee West Main, Ltd.
Home Depot USA, Inc.
Hopedale Mining, LLC
Horton Emergency Vehicles Company Inc.
Hose Master LLC
Hospice of Northwest Ohio
Humphrey Line
Imagine Schools, Inc.
Inspiron Logistics, LLC
Integrated Logistics Solutions LLC
Interstate Management Company, LLC
ISD Renal Inc.
J J Delong Associates, Inc.
J. C. Ehrlich Co., Inc.
Jacobson Mfg. LLC
Jant Corp.
Jay Auto Group Services, LLC
Jay Industries, Inc.
Jegs Automotive Inc.
JLG Enterprises Inc.
JMS Furniture Ohio, Inc.
JP Morgan Chase Bank National Association
K&K Home Division, Ltd.
Kapolis Corp.
Keltec Inc.
La Rosa's Inc.
Lake PHO, Inc.
Lakes Venture, LLC
Lakeside April LLC
Lakewood Senior Campus, Inc.
Lane Construction Corporation
The Laurels of West Carollton, LLC
Lewis Imports LLC
Life Safety Enterprises, Inc.
Lincoln Heights Health Center
Lorain County
Lowe's Home Centers, Inc.
Luxottica Retail North America, Inc.
M. Argueso & Co., Inc.
M V M Inc.
Mahle Behr Dayton LLC
Mahoning Valley Infusion Care Inc.
Mary Rutan Health Association Logan County
Marymount Hospital, Inc.
Maxim Healthcare Services, Inc.
Mayfield Lighting, Inc.
McDonald Steel Corporation
McKesson Medical Surgical Inc.
Meijer Group, Inc.
Menard, Inc.
Mercy Health Partners-Western Ohio, Inc.
Mercy Medical Center, Inc.
Mergers Marketing, Inc.
Meridian Industries, Inc.
Metro Cleveland Security Inc.
Miami Valley Gaming & Racing
Mill & Motion, Inc.
Mobis North America, LLC
Moran Foods LLC
Motivepower Inc.
Mount Carmel Health System, Inc.
National Lime & Stone Co., Inc.
OCCHealth Concepts, Inc.
Ohio Association of Second Harvest Foodbanks
Ohio Department of Taxation
OPRS Communities, Inc.
Optima Holdings, LLC
Oriana House, Inc.
The Orlando Baking Co.
Orthotic & Prosthetic Services Inc.
Our Lady of The Wayside, Inc.
Paradise Hospitality Inc.
Parker Hannifin Corporation
Parma Community General Hospital Association
Patric O Brien Jr. Chevrolet III Inc.
PCC Airfoils, Inc.
Peoples Bank NA, Inc.
Personnel Outsource Solutions, Inc.
Petsmart, Inc.PJ Pizza Ohio, LLC
Pike County Recoveiy Council, Inc.
Plantation Animal Hospital
Portrait Innovations, Inc.
PPC Airfoils, Inc.
Precision Thermoplastic Components, Inc.
Premier Real Estate Management LLC
Print Direct For Less 2 Inc.
Progressive Casualty Insurance Co.
Pro-Tech Maintenance, LLC
Provider Services Holdings LLC
Purfoods LLCQHG of Massillon, Inc.
Quintiles Commercial Us, Inc.
Radiant Technology Group, Inc.
Rail Loading Services, LLC
The Rdi Corporation
Reactive Resin Products Co.
Reliable Castings Corporation
Reuther Mold & Mfg. Co. Inc.
Revere Plastics Systems LLC
The Reynolds and Reynolds Co., Inc.
Rite Aid of Ohio, Inc.
Robert J. Dittoe O.D., Inc.
Robinson Memorial Hospital
Ron Carrocce Trucking Co., Inc.
Rona Homes LLC
Ross Aluminum Castings LLC
Ruan Logistics Corporation
Rx Options, Inc.
Sage Client 468, LLC
Sammy's Staffing Services Inc.
Saturn of Dayton, Inc.
Select Employment Services Inc.
Seneca County Sheriff's Department
Serene Health Services of KY LLC
Shaker Heights City Board of Education
Shearer's Foods, Inc
Sheltering Arms Hospital Foundation, Inc.
Shepherd of the Valley Lutheran Retirement Service
Sherwin-Williams Co., Inc.
SMI Crankshaft, LLC
Southwest General Health Center
Specialty Retailers, Inc.
Speedway, LLC
Spherion of Lima, Inc.
Springbrook Express, LLC
Stanley Steemer International, Inc.
Staples Contract & Commercial, Inc.
Stark County Commissioners' Office
Steinhaus Restaurant
Steps Behavioral Consulting LLC
Stingray Logistics LLC
Stone Products Inc.
Stoneridge, Inc.
Summa Health
Summa Western Reserve Hospital LLC
Sunstates Maintenance Corporation
Superior Metal Products, Inc.
Surgeforce, LLC
Swagelok Manufacturing Company
Sysco Cincinnati, LLC
Sysco Cleveland, Inc.
TA Operating LLC
The Tamarkin Company, Inc.
Thistledown Management LLC
The Tile Shop LLC
Time Warner Cable
Timekeeping Systems, Inc.
Tom's King Ohio, LLC
Transglobal, Inc
Tri-County Hematology & Oncology Associates, Inc.
TriHealth G, LLC
Trubridge Inc.
TWC (Time Warner Cable) Administration, LLC
UH Regional Hospitals
Umicore Specialty Materials Recycling, LLC
United Energy Healthcare Workers Corp
United Healthcare Services, Inc.
U.S. Postal Service
Unity Trucking LLC
Unlimited Advacare, Inc.
Upright Steel Fabricators & Erectors, LLC
US Well Services LLC
Ventra Sandusky LLC
Village of Byesville
Wal-Mart Associates, Inc.
Walton Healthcare Group, LLC
Western Reserve Historical Society, Inc.
Whemco Ohio Foundry Division, Inc.
WJW Television, LLC
The Works: Ohio Center for History Art & Technology, Inc.
Worthington Services, LLC
Wurth Electronics ICS, Inc.

Recent Cases/News

Unemployment Approved After Turning Down Fast-Food Restaurant Job Offer:
Our client worked as a substitute teacher until he was laid off. While collecting unemployment, he turned down a job offer at a fast-food restaurant. Unemployment denied him for turning down the offer, but we showed that he had good cause to turn it down and the Hearing Officer approved him for benefits.
  
Unemployment Appeal Won
November 19, 2020
Unemployment Appeal Won - Severance Payment Applied to Only One Week:
Our client received a lump sum severance payment that ODJFS claimed was deductible income, disqualifying her from benefits, for several week. With our help, our client obtained a letter from her employer allocating the severance to the week in which it was paid. We persuaded the Hearing Officer that the severance should only applied to the week in which it was paid rather than several weeks, and as a result our client was approved for unemployment with a backpayment.
  
Unemployment Appeal Won
November 19, 2020
Unemployment Approved for Employee Who Resigned From Restaurant that Did Not Enforce Mask Wearing:
Our client was initially denied unemployment compensation after she resigned from her restaurant job. The employer did not enforce mask wearing despite her repeated requests and reminders for it to do so. This placed our client and her elderly mother with whom she lived at greater risk for COVID. We showed the Hearing Officer that our client had an legitimate safety concern, the employer was not following state mandates, and that our client notified the employer of the concerns and gave them an adequate opportunity to resolve them before resigning. As a result, the Hearing Officer ruled in our favor and approved unemployment compensation benefits.
  
Unemployment Appeal Won
November 13, 2020
Unemployment Approved After Employee Terminated for Unsubstantiated Allegations:
The employer raised several allegations to support its decision to terminate our client who worked at a cellphone store. During the hearing we showed the Hearing Officer that the employer lacked evidence to substantiate its allegations. Rather, our client presented credible testimony denying the allegations and as a result the Hearing Officer concluded that the employer lacked just cause to terminate our client. He was approved for unemployment compensation with a back payment.
  
Unemployment Appeal Won
November 13, 2020
Unemployment Won for Laid Off Worker:
Our client received a group text from his employer informing him that he was laid off. As a result, he applied for unemployment compensation only to find his employer challenging his claim by arguing that he resigned. Through a telephone hearing, we showed the Hearing Officer that our client was, in fact, entitled to benefits as a result of a layoff.
  
Unemployment Appeal Won
November 6, 2020
Unemployment Approved for Individual Who Resigned for Medical Reasons:
When our client was hired at a lawn care business he explained that he had medical issues that required him to operate stand on mowers instead of push mowers. The employer, however, assigned him to work on push mowers. After trying and experiencing pain as a result, our client resigned. He was initially denied unemployment benefits; however, through a hearing we persuaded the Hearing Officer that he was eligible because his medical issues made the work not suitable for him.
  
Unemployment Appeal Won
November 3, 2020
New Employment Removed Suspension of Unemployment Benefits:
Our client applied for benefits after losing a job and was denied. He then obtained new employment where he worked for more than six weeks until he was laid off due to COVID. He reapplied for benefits and was denied again due to the first job. We represented him through a telephone hearing and showed that his employment at the new job was for sufficient weeks and income to remove the suspension of benefits from the first job.
  
Unemployment Appeal Won
October 28, 2020
Employee Had Just Cause to Resign When Employer Violated DOT Rules:
Our client worked as a delivery driver at an employer who repeatedly violated Department of Transportation rules. After our client raised these concerns and the employer refused to address them, he resigned. ODJFS initially denied unemployment benefits claiming our client lacked just cause to resign. During a hearing, we persuaded the Hearing Officer that these violations occurred, that they created a safety hazard, that our client raised his concerns and gave the employer an adequate opportunity to resolve them, and as a result he had just cause to resign. His benefits were approved with a back payment.
  
Unemployment Appeal Won
October 23, 2020
Laid Off Employee During COVID Entitled to Unemployment:
Our client's employer sent a notice to its employees that said, any employee that has significant concerns or fear of continued employment shall be laid off and may apply for economic relief available through state or federal sources. The employer appealed, claiming our client was out of work due to health reasons. We prevailed, showing that our client was eligible because he was laid off pursuant to an employer layoff plan and that it was related to a lack of work.
  
Unemployment Appeal Won
October 14, 2020
Unemployment Benefits Approved:
Our client sought a job while she was on unemployment, attended an orientation and then was told that she would need to restart the orientation because she was unable to attend the second day. Though the employer never called her back or returned her calls to reschedule the orientation, unemployment denied her claiming she turned down an offer of suitable work. We convinced unemployment that she did not turn down work but rather was not called back and, as a result, she was approved for unemployment benefits.
  
Unemployment Appeal Won
October 9, 2020
Unemployment Approved After Resignation Due to a Bait-and-Switch at Amazon:
Our client was making a career in the customer service field and even had a related college degree. She accepted a job at Amazon as a customer service representative, only to find that her actual job duties would include working with delivery drivers to troubleshoot the application they used, as well as geofencing and package locating. Because she was given a technical job rather than a customer service job, the Hearing Officer agreed that she had just cause to resign. As a result, she approved for unemployment compensation with a back-payment of benefits.
  
Unemployment Appeal Won
September 16, 2020
Unemployment Benefits Paid:
Our client was denied unemployment as being monetarily ineligible. He filed an appeal, but after three months had not received an answer to his appeal. We stepped in, made contact with individuals and ODJFS, submitted payroll verification, and achieved a win for him and payment of the benefits he had been waiting for.
  
Unemployment Appeal Won
September 11, 2020
Unemployment Overpayment Notice in Error:
Our client was issued a notice by unemployment that they were overpaid unemployment and owed back over $11,000.00. We appealed, showing that the decision was in error, and as a result the overpayment was withdrawn and our client did not have to pay back to unemployment.
  
Unemployment Appeal Won
September 11, 2020
Unemployment Benefits Approved - Customer Complaint Insufficient to Show Just Cause for Termination:
Our client had an otherwise good work record when a customer emailed a complaint about his "attitude." The Employer, without following up with the customer about the details of the complaint, terminated our client. The Hearing Officer agreed that the employer failed to provide credible evidence that it had just cause to terminate our client. As a result, he was approved for unemployment.
  
Unemployment Appeal Won
September 11, 2020
Terminations For Absences Due to a Bona Fide Medical Condition are Without Just Cause - Unemployment Approved:
Our client had several absences from work and was terminated. During a hearing, we showed that she had medical excuses for her absences. We argued and set forth caselaw that says that employees are not at fault for absences due to bona fide medical conditions. Even if the employer can terminate the employee, they are still entitled to unemployment. The Hearing Officer agreed and approved our client for benefits.
  
Unemployment Appeal Won
September 10, 2020
Employee Approved for Unemployment With Backpay:
Our client quit a job to work a new job, then worked the new job for more than six weeks before being laid off due to COVID. She was denied unemployment because ODJFS determined she lacked just cause to quit the old job. However, the rule is that such a suspension of benefits is removed if the employee earns sufficient income and either (a) starts the new job within 7 days of the old job and works for at least 3 weeks, or (b) starts the new job more then 7 days after the old job and works the new job for at least 6 weeks. Since our client met this requirements, the Hearing Officer agreed to approve her for unemployment with backpayments.
  
Unemployment Appeal Won
September 8, 2020
Claimant Approved After Resigning Due to Medical Reasons:
Our client had been on FMLA and when that time ran out her employment ended. However, because she had a bona fide medical reason for being absent, the separation was a qualifying one. To be eligible for unemployment, she also had to show that she was able to work, even if she had some restrictions. We were able to show both that the separation did not disqualify her and that she was able to work, and as a result she was approved for unemployment with a backpayment.
  
Unemployment Appeal Won
September 4, 2020
Employee Fired While Off Work Due to Medical Reasons Approved for Unemployment:
Our client was off of work due to medical issues. When his short term disability came to and end, the employer terminated him. The Hearing Officer agreed that a termination due to a medical issue is beyond a claimant's control and therefore without just cause. The Hearing Officer also agreed that, upon our client's release to work with some restrictions, he became eligible or benefits.
  
Unemployment Appeal Won
September 1, 2020
Employer Lacked Just Cause to Terminate Supervisor for Workers' Errors:
Our client worked as a supervisor at a factory where he supervised production employees and quality assurance employees. He was not permitted to discipline those employees, however. After certain defects were found on some parts that were produced, the employer terminated our client. We were able to show the Hearing Officer that our client could not be expected to actively supervise every employee when he was often filling in on the line for an employee that had called off. In fact, the employer could not point to what role our client had in the errors at all. As a result, he was approved for unemployment compensation.
  
Unemployment Appeal Won
August 31, 2020
Just Cause to Quit Wal-Mart Associates for Medical Reasons:
While receiving unemployment, our client looked for another job and accepted one at Wal-Mart. However, she soon found that the physical demands off the job were too much due to a medical issue. As a result, she resigned and was denied unemployment due to the resignation. During the telephone hearing we showed that she had a medical reason to resign, attempted to resolve the issue with the employer before resigning, and as a result had just cause. The Hearing Officer agreed and approved her for unemployment with back pay for the weeks she did not receive benefits.
  
Unemployment Appeal Won
August 27, 2020
Quarantined Client Approved for Unemployment:
Our client's doctor provided medical documentation on more than one occasion that they recommended our client quarantine. During this time the employer terminated our client, stating they believed he did not want his job. The Hearing Officer ruled that our client was not approved for benefits through the regular unemployment system during the time of his quarantine because he was not able to work, though he could apply through the PUA system for those weeks. More importantly, the Hearing Officer ruled that the employer did not have just cause to terminate our client, so once his quarantine ended he did become eligible for benefits, was not overpaid benefits for those weeks, and was approved for benefits going forward.
  
Unemployment Appeal Won
August 27, 2020
Award of Unemployment Back-Payment After Hearing Officer Concludes Our Client Was an Employee and Terminated Without Just Cause:
The Employer claimed that our client was an independent contractor. We showed the Hearing Officer that the Employer's level of control over our client's duties caused him to be an employee, and thus eligible for unemployment. The Employer also argued that it had just cause to terminate our client, but we provided evidence that termination was too extreme and the Hearing Officer agreed. As a result, our client was approved for unemployment compensation.
  
Unemployment Appeal Won
August 4, 2020
Unemployment Claimant's Benefits Not Stopped for Severance Payment:
Our client received a lump sum severance payment that Unemployment used to disqualify him for several weeks. At our direction, our client obtained a letter from the Employer indicating that the lump sum severance should be allocated all to the week in which it was paid for the purposes of unemployment. During a hearing, we reviewed the law with the Hearing Officer and she agreed that the lump sum severance should only be counted as deductible income for the week in which it was paid rather than allocated over months. As a result, he received a back-payment for benefits owed.
  
Unemployment Appeal Won
July 24, 2020
Employer Lacked Just Cause to Terminate Supervisor for Subordinates' Failures:
The Employer terminated our client who managed a fast food restaurant. It claimed it had just cause to do so when her subordinates failed to open the restaurant as instructed while she was off ill. The Hearing Officer disagreed and approved her for unemployment including a back-payment for the weeks she filed but was not paid.
  
Unemployment Appeal Won
July 23, 2020
Employee Approved for Benefits When Terminated for Being Ill:
Our client was terminated when she was unable to provide her employer with a return to work date from her doctor. However, at the time she was terminated she did not have a return to work date. Her doctor did not know when she could return. Therefore, the employer lacked just cause to terminate her or being absent due to a bona fide medical reason and the Hearing Officer approved her benefits.
  
Unemployment Appeal Won
July 16, 2020
Unemployment Case Expedited:
Our client was denied unemployment benefits as being monetarily ineligible. He appealed the decision on his own on April 20, 2020, but as of July 8 he had not yet received a decision on his appeal. We stepped in and escalated his case on July 9. By July 14, he received Determinations approving his benefits as well as a backpayment for the weeks he filed but had not yet been paid.
  
Unemployment Appeal Won
July 14, 2020
Unemployment Back Payments Won:
Our client was terminated after the employer alleged that the employees she supervised complained. We put forth evidence that showed the employees were merely upset for being instructed to do their work and, if the employer disliked our client's management style it should have provided a warning or training before terminating her. As a result, she won her hearing and as approved for unemployment benefits.
  
Unemployment Appeal Won
July 6, 2020
Just Cause to Resign From Employer Who Refused to Provide COVID-19 Protective Equipment:
Our client found her employer refused to provide protective equipment for COVID-19 and refused to follow safety precautions, even after she asked them to follow proper protocols. As a result, she resigned. After initially being denied unemployment compensation, we persuaded a hearing officer that this satisfied just cause to resign. Our client was approved for her unemployment and provided backpayments.
  
Unemployment Appeal Won
June 30, 2020
Employee Terminated Without Just Cause - Benefits Paid:
Our client was terminated after an accusation of harassing a co-worker; however, we showed the Hearing Officer that the employer lacked any proof of wrongdoing or prior discipline. Therefore, the Hearing Officer agreed that the termination was without just cause and our client was approved for unemployment with back-pay.
  
Unemployment Appeal Won
June 17, 2020
No Just Cause to Terminate For Leaving the State During COVID-19:
Our client went to New York for a personal matter; however, while he was gone his employer implemented a policy prohibiting leaving the state during COVID-19. In turn, it terminated our client when he returned to work. The Hearing Officer agreed that there was no just cause to terminate him because (a) the policy was issued while he was already out of the state; and (b) the employer was aware that he had left the state. His unemployment was approved.
  
Unemployment Appeal Won
June 12, 2020
Employer Lacked Just Cause To Terminate for Facebook Post:
After an employer informed our client of a demotion, she put a post on Facebook that hard work and loyalty meant nothing, but she did not mention her employer or indicate that she was talking about work. The employer jumped to its own conclusions about the post and terminated her. The Hearing Officer agreed with us, that the post did not violated the employer's social networking policy and did not constitute misconduct. As a result, our client was approved for unemployment, including back-pay for the weeks it had initially been denied.
  
Unemployment Appeal Won
May 29, 2020
Unemployment Benefits Won:
Our client was a supervisor. One of the people he supervised became upset with him due to a disciplinary warning and to retaliate, she claimed he had threatened her. It was confirmed that this was not true and our client told the other employee that he did not appreciate her telling a lie about him. The employer terminated our client. During a hearing, we showed unemployment that the accusation did not support just cause for termination and the Hearing Officer ruled in our favor.
  
Unemployment Appeal Won
April 22, 2020
Unemployment Appeal Won With Backpay:
After our client was terminated for moving seats during a meeting because a co-worker's perfume was aggravating her respiratory condition, ODJFS denied her unemployment benefits repeatedly. We appealed, showed the Hearing Officer how ridiculous the termination was, and obtained a decision awarding our client eligibility and a back-payment for the weeks ODJFS should have been providing benefits.
  
Unemployment Appeal Won
April 10, 2020
Employee Terminated Without Just Cause:
Our client was terminated after an allegation that he falsified time sheets. However, we presented a case to the Hearing Officer that showed the employer's records were unreliable and could not support a termination with just cause. The Hearing Officer agreed, approving our client for unemployment compensation with back-payments.
  
Unemployment Appeal Won
March 18, 2020
Employer Lacks Just Cause to Terminate Employee For Walking Away From Manager's Threatening Behavior:
Our client was questioned by her employer about an accusation, during which a manager raised his voice. Our client started to leave the manager's office when she was told they would consider her to have resigned if she left. She returned to the office, only to have the manager increase his attack, yelling and pounding his fist on his desk. Our client left the office again and returned to her work duties when the employer told her to leave. Despite the employer claiming our client resigned, we showed the hearing officer that she was terminated without just cause and her benefits were approved.
  
Unemployment Appeal Won
January 24, 2020
Employer Lacked Just Cause to Terminate Probationary Employee:
Our client was terminated for an allegation that he failed to report an auto accident. We showed that he was not at fault for the accident, did not initially observe any damage, and that he called the accident in within minutes. Even though our client was a probationary employee, the Hearing Officer agreed that the employer lacked just cause to terminate in these circumstances. Our client was approved for unemployment and issued a backpayment.
  
Unemployment Appeal Won
December 18, 2019
Employee Unjustly Terminated:
Our client was one of several staff that went with students to a field trip. One of the students walked away from the group and the employer terminated our client as a result. We showed that our client was not assigned to supervise this student. The employer's reliance on self-serving written statements of other staff on the trip was found to be in error as the statements were not credible when countered by our client's credible testimony given under oath. As a result, our client was approved for benefits and received a backpayment.
  
Unemployment Appeal Won
December 17, 2019
Improperly Classified as an Independent Contractor:
Our client accepted a job offer only to find out that the employer planned to classify him as an Independent Contractor. Independent contractors are generally paid with an 1099 without taxes being withheld and they are not eligible for unemployment compensation. However, there are rules and tests to determine whether a person should be classified as an employee or independent contractor. In this case, we showed that the employer improperly classified our client and, as a result, he was eligible for unemployment compensation.
  
Unemployment Appeal Won
December 12, 2019
Unemployment Benefits Approved - Employer Lacked Just Cause for Termination:
Our client was a manager who was terminated because she was accused of giving discipline to a staff member in front of other employees and because the employer believed she had not met her goals under a performance plan. The employer failed to present any witness regarding the discipline given to the other employee and our client credibly testified that she gave the discipline in an office with the door closed. With regard to the performance plan, the Employer agreed that our client's goals and expectations had been changed and she still had another month left to meet the revised goals. As a result, the Hearing Officer agreed that the employer lacked just cause to terminate.
  
Unemployment Appeal Won
December 11, 2019
Credible Testimony Leads to Approved Unemployment:
Our client was terminated, despite having no prior discipline, after an allegation that she failed to pass a test at work. Through preparation and presentation of her case, we presented credible evidence that she did pass the test. The Hearing Officer agreed and approved her unemployment compensation.
  
Unemployment Appeal Won
November 27, 2019
Progressive Discipline Matters:
An employer terminated our client for making an error on her time sheet even though she had no prior discipline. The Hearing Officer agreed that the error was not intentional and the employer lacked just cause to terminate an employee for a single incident with no prior discipline.
  
Unemployment Appeal Won
November 27, 2019
Employer's Faulty Investigation Leads to Approved Benefits:
Our client was terminated for an allegation of falsifying her time card, but when she was terminated the employer failed to allow her to fully respond or to get her phone that she asserted had proof that the allegation was untrue. The employer then proceeded with the hearing offering conclusory assertions without any evidence to support its claim. As a result, the Hearing Officer agreed that the employer lacked sufficient just cause at the time of the termination, and the benefits were approved.
  
Unemployment Appeal Won
November 21, 2019
No Just Cause to Terminate for Sales Goals:
Our client was terminated for failing to meet sales goals after being placed on a performance improvement plan. We were able to show the hearing officer that the goals were aspirational and not requirements of the job, that the goals and the job had changed, that our client had received a positive performance review, and that another sales person who did not meet their "goals" was not disciplined. The Hearing Officer agreed that the termination was without just cause and that our client was eligible for unemployment compensation.
  
Unemployment Appeal Won
November 13, 2019
No Just Cause to Terminate Employee Without Prior Discipline:
The employer terminated our client even though she had not received any prior discipline or notice that her job was in jeopardy. The Hearing Officer agreed with us that the employer had not shown that our client purposely broke any rules or policies, that she was insubordinate in any way, or that she was subject to discharge for any reason. As a result, our appeal was granted and our client was approved for benefits.
  
Unemployment Appeal Won
October 16, 2019
Employer Lacked Just Cause When Spouse Called Off for Husband:
Our client's wife notified the employer that her husband would not be able to work due to a medical reasons. The employer responded by terminating our client claiming he no-call/no-showed. The Hearing Officer agreed that the absence was beyond our client's control and the employer received adequate notice due to the circumstances. Our client's unemployment compensation claim was approved and he was granted back-pay.
  
Unemployment Appeal Won
October 10, 2019
Discharge for Bona Fide Medical Reason is Without Just Cause:
Our client had several absences from work, exceeding the employer's attendance policy. However, the absences were due to a bona fide medication reasons. The Hearing Officer agreed that an employer lacks just cause to terminate for absences due to bona fide medical reasons, and as a result our client was approved for unemployment and granted back-payments.
  
Unemployment Appeal Won
October 4, 2019
No Just Cause to Terminate For Absences Related to Medical Issues:
The employer terminated our client for violating their attendance policy; however, the Hearing Officer agreed that terminations are without just cause when the absences are due to a bona fide medical issue. As a result, we won the unemployment hearing.
  
Unemployment Appeal Won
September 19, 2019
Unemployment Appeal Won:
The employer discovered two incidents of paperwork being altered or incorrect and it terminated our client as a result. We showed the hearing officer that our client had not engaged in the alleged misconduct and as a result her unemployment benefits were approved.
  
Unemployment Appeal Won
September 10, 2019
Cut in Hours Justified Resignation:
The Hearing Officer agreed with us that our client had just cause to resign from his position when it was shown that he was hired for a full-time position but only allowed to work two days per week. Back payments to our client were approved.
  
Unemployment Appeal Won
August 15, 2019
Unemployment Approved For Employee Who Employer Erroneously Classified as an Independent Contractor:
The employer failed with pay unemployment taxes for our client by claiming they were an independent contractor. We showed during the hearing that there was not a contract for a certain piece of work at a fixed price, the claimant did not have the right to employ assistants, there was no obligation to supply necessary tools or supplies, claimant did not have the right to control the progress of the work, she was required to work set hours, she was paid on a regular weekly basis, and she was not reimbursed for expenses. As a result, the Hearing Officer agreed that our client was actually an employee and she had just cause to resign when the employer cut her pay in half.
  
Unemployment Appeal Won
August 15, 2019
Unemployment Approved When Employee Resigns Because Employer Fails to Pay Rate Agreed to in Interview:
During our client's interview, they were told that they would earn $12.00 an hour and work full-time; however, when they arrived for the orientation they were told that they would receive less than $9.00 an hour and work part-time. They found themselves denied unemployment when they resigned, but the Hearing Officer agreed with us that there was just cause to resign and their benefits were approved with a back-payment.
  
Unemployment Appeal Won
July 22, 2019
Unemployment Benefits Approved:
The employee was terminated for allegedly falsifying call records; however, the hearing officer agreed that the employer's choice to skip all of its progressive discipline steps violated just cause and therefore unemployment benefits were approved.
  
Unemployment Appeal Won
May 28, 2019
No Just Cause to Terminate Employee Who Wanted Shift Change:
After our client asked to switch a a different shift, the employer determined there were no openings on other shifts and terminated our client. While the employer maintained that our client quit, the hearing officer agreed that this was a termination and the employer lacked just cause. We were able to obtain a decision approving our client's unemployment claim with back-payments.
  
Unemployment Appeal Won
April 12, 2019
No Just Cause to Terminate for Insubordination:
The employer called a meeting with our client, started to argue with him, and then terminated him without giving a reason. The employer then claimed it had several reasons to terminate including insubordination during the final meeting. We showed, however, that the employer lacked evidence to support any of its allegations. Further, an employer should be limited to the reason it gave at the time of the termination and, in this case, the employer did not provide any reason. Therefore, it lacked just cause to terminate.
  
Unemployment Appeal Won
April 9, 2019
Our Client Was Attacked After an OSU Football Game Wager, Terminated and Denied Unemployment - Until We Won His Hearing For Him:
Our client and co-worker placed a wager on an OSU football game and when our client asked the co-worker to pay what was still due from the wager, the co-worker rushed him and put him in a headlock until other employees removed him. The Hearing Officer agreed that the employer lacked just cause to terminate our client who was the victim in the altercation.
  
Unemployment Appeal Won
April 8, 2019
Postal Service Employee Approved:
Our client accepted a temporary position from the U.S. Postal Service through the holidays. After the temporary position came to an end, he reapplied for unemployment but was denied. After a hearing, we obtained a decision approving his unemployment claim and back-pay.
  
Unemployment Appeal Won
April 4, 2019
Termination During Performance Improvement Plan is Without Just Cause:
While the employer argued that it had just cause to terminate our client during a Performance Improvement Plan, we showed that the employer had not given our employee till the end of the PIP to meet his goals and nothing else occurred during the PIP that justified termination.
  
Unemployment Appeal Won
April 2, 2019
Student Approved for Unemployment:
Although our client was initially denied unemployment because ODJFS claimed she was ineligible due to (a) a disqualifying separation and (b) because she was going to school, we prevailed at her hearing. The Hearing Officer agreed that (a) the employer lacked just cause to terminate her and (b) the schooling did not disqualify her because she was attending school before she was terminated.
  
Unemployment Appeal Won
March 27, 2019
Eligible For Unemployment - Medically Able to Work:
After our client was denied unemployment due to an allegation that she was not medically able to work, we researched her case and gathered medical documentation for the hearing officer. That hearing officer agreed that she was able to work and approved her claim for unemployment benefits.
  
Unemployment Appeal Won
February 27, 2019
Fired for Asking, "Are you calling me a liar?"
The employer met with our client on two occasions, made allegations about his work performance and our client answered the allegations. When the employer did not seem to believe our client, he asked, "Are you calling me a liar?" The employer claimed this was insubordination and terminated him. The Hearing Officer agreed that this did not rise to the level of insubordination and did not warrant termination.
  
Unemployment Appeal Won.
February 21, 2019
Unemployment Approved After Employer Changes Duties and Schedule:
The Employer changed our client's job duties, cut their full-time job down to 16 hours per week, and would not confirm the new rate of pay. The Hearing Officer agreed that our client was involuntarily unemployed through no fault of her own and she was not required to accept the new position because the reduction in hours/pay made it not suitable.
  
Unemployment Appeal Won.
February 19, 2019
Employer Lacked Just Cause to Terminate:
The employer claimed our client did not call in for three absences and that she was not medically able to work. We showed that our client did call in for each absence and, although with some medical restrictions, was able to work. The Hearing Officer agreed.
  
Unemployment Appeal Won
February 11, 2019
Cafe Lacks Just Cause to Terminate Server:
After a telephone hearing, the Hearing Officer agreed with our client that they did not engage in misconduct to justify their termination.
  
Unemployment Appeal Won
February 8, 2019
Offer of Reduced Hours and Split Shift is Not an Offer of Suitable Work:
Our client worked full-time, was laid off, and then offered a position at about half the hours and split - with a couple hours in the morning and a couple hours in the afternoon. The Hearing Officer agreed that this was not an offer of suitable work that our client was required to accept, and thus his application for unemployment compensation was approved.
  
Unemployment Appeal Won
January 18, 2019
Poor Judgement May Not Be Sufficient Fault or Misconduct to Justify Termination:
The Hearing Officer agreed that our client may have taken an act at work that demonstrated poor judgement, it was not an act that demonstrated a disregard of the employer's interests or of sufficient fault/misconduct to justify termination. The employer's delay of three months to terminate the employee after the act was also a factor leading to the hearing officer approving unemployment compensation.
  
Unemployment Appeal Won
December 7, 2018
Calling a co-worker a Peppa Pig Does Not Give Just Cause to Terminate:
Our client and a co-worker were having an argument during which the co-worker was called a Peppa Pig. The Hearing officer agreed that there was not sufficient fault or misconduct to justify termination.
  
Unemployment Appeal Won
December 4, 2018
Unemployment approved after resignation due to physical limitations:
Our client took a job while unemployed that was physically demanding. When the job turned out to be too much for him, he attempted to move to another position at the employer but was unable. The Hearing Officer agreed that this was just cause to resign.
  
Unemployment Appeal Won
November 20, 2018
Employer lacked just cause to terminate for performance issues:
We showed that the employer failed to make its performance expectations known at time of hire and that the employee met the expectations.
  
Unemployment Appeal Won
November 16, 2018
Employee was not insubordinate:
A second shift lead told our client, who worked on third shift, to complete a task but the third shift lead gave different instructions. The Hearing Officer agreed that the employer lacked just cause to terminate for insubordination because our client was correct in following the directions of his immediate lead.
  
Unemployment Appeal Won
November 5, 2018
No just cause to terminate for owning a side business:
Employer who terminated our client for a perceived conflict from owning a side business lacked just cause because there was insufficient evidence of a real conflict of interest.
  
Unemployment Appeal Won
November 5, 2018
Employer lacked credibility:
After prepping our client for the telephone hearing and cross-examining the employer’s witnesses, the hearing officer concluded that our client was more credible and the employer’s claims that it gave prior warnings for performance issues was unsupported.
  
Unemployment Appeal Won
October 26, 2018
Expectations must be known at time of hire:
The employer subjected our client to tests during orientation and then terminated her when she did not pass one. The Hearing Officer agreed that, because the employer did not inform her before she was hired that she would have to pass the tests, it did not have just cause to terminate her when she was unable to pass one.
  
Unemployment Appeal Won
October 18, 2018
No just cause to terminate employee who refused work for medical reasons:
When our client was placed indefinitely in a position that caused him pain due to a medical condition, and as a result he called off until he was placed in another position, the employer terminated him. The Hearing Officer agreed that the employer lacked just cause and approved our client for benefits.
  
Unemployment Appeal Won
October 18, 2018
Members of LLC’s Filing as a C-Corp and paid a salary are eligible:
Our client had been denied benefits because he was not only a salaried employee, but also a member of an LLC filing as a C-Corp. The Hearing Officer agreed that, regardless of being a part owner, he was eligible for benefits.
  
Unemployment Appeal Won
October 17, 2018
Truck driver who worked primarily in Ohio for company located in a different state is eligible:
A company paid unemployment taxes to another state for an employee who lived in and worked primarily in Ohio. The Hearing Officer agreed that he was eligible for Ohio Unemployment Compensation.
  
Unemployment Appeal Won
October 10, 2018
Complaining about a failure to give a raise is not just cause to terminate:
Employer lacked just cause to terminate an employee for repeatedly raising his concerns that he was not paid a raise he was promised and for an unsubstantiated complaint.
  
Unemployment Appeal Won
September 24, 2018
Employer effectively terminates employee without just cause, even though the words, "You are fired-" were not used:
The employer told our client that he did not "give a f*** about" her, that he had, "no use for her anymore," that her "career was on the line" and that she had until the end of the day to "prove her worth" to him at which point he hung up the phone- cut off her access to the company's database and her company cell phone was deactivated. The Hearing Officer agreed that this was effectively a termination and the employer lacked just cause.
  
Unemployment Appeal Won
August 30, 2018
When you call off and send an email, it is not a no-call/no-show:
Although our client attempted to call off but could not leave a message and sent an email to human resources reporting off, the employer terminated him for a no-call/no-show. The hearing officer agreed that this was not a no-call/no-show.
  
Unemployment Appeal Won
August 27, 2018
Employer Lacked Just Cause to Terminate:
Employer failed to present sufficient evidence to support its claim that it had just cause to terminate an employee for failing to inspect a part.
  
Unemployment Appeal Won
August 24, 2018
US Postal Service Lacked Just Cause to Terminate:
The Hearing Officer agreed that the employer lacked just cause to terminate our client for leaving his vehicle running while he was inside a postal facility gathering mail for his route.
  
Unemployment Appeal Won
August 15, 2018
No just cause to terminate for a providing insufficient sample for drug test:
The employer had a policy that required random testing during work hours. Our client was selected, scheduled to take a test within a half-hour of her shift ending, provided a sample that was insufficient, and had to leave due to prior commitments. In this case, the Hearing Officer agreed that the policy was not applied reasonably and therefore the employer lacked just cause to terminate.
  
Unemployment Appeal Won
August 9, 2018
Employer lacked just cause to terminate an employee who was attacked by a co-worker:
The Hearing Officer agreed that our client who was attacked by a co-worker did not instigate the altercation and merely protected herself.
  
Unemployment Appeal Won
August 8, 2018
Employers should follow their own discipline policies:
The Hearing Officer agreed that an employer who skipped steps in its progressive discipline policy did not have just cause to terminate our client.
  
Unemployment Appeal Won
July 30, 2018
Absences due to circumstances beyond employee's control are not just cause for termination:
The Hearing Officer agreed that an employee's absences due to his ailing wife or because of his own illness were circumstances beyond the employee's control and did not give the employer just cause to terminate.
  
Unemployment Appeal Won
July 13, 2018
Employer lacked just cause to terminate for sleeping on the job and for excessive use of his cell phone:
The Hearing Officer concluded that the employer failed to provide sufficient evidence that it followed its progressive discipline policy and that the employee actually violated a policy.
  
Unemployment Appeal Won
July 12, 2018
Hearsay and unsubstantiated testimony and evidence insufficient:
The Hearing Officer agreed that the employer failed to present sufficient evidence of misconduct in light of the employee's credible testimony denying misconduct.
  
Unemployment Appeal Won
June 6, 2018
Employer did not have just cause to terminate employee who it failed to train and failed to provide notice of performance issues:
The employer hired our client but failed to provide any training for how to do their job and failed to provide timely notice of their mistakes until they were terminated. The Hearing Officer agreed that they lacked just cause to terminate.
  
Unemployment Appeal Won
June 5, 2018
Employee who was terminated after they gave a resignation notice is approved:
The Employee resigned with a two-day notice, the employer sent the employee home and did not pay them for the remaining two days. The Hearing Officer agreed that this should be looked at as a termination rather than a resignation, and there was not just cause to terminate.
  
Unemployment Appeal Won
May 14, 2018
Hearsay evidence and unsubstantiated evidence insufficient to prove just case:
Attending the hearing fully prepared- we persuaded the hearing officer that the employer's reliance on hearsay and unsubstantiated evidence of our client being insubordinate was insufficient, especially in light of our client's credible testimony.
  
Unemployment Appeal Won
May 10, 2018
Employer cannot force employee into position they can not medically do:
The employer first cut our client's hours and then- despite our client's medical restrictions, attempted to force her into a position she was unable to work. The Hearing Officer agreed that the employer did not have just cause to terminate her for being unable to complete the work.
  
Unemployment Appeal Won
May 1, 2018
Employee had good cause to turn down work:
An employer terminated our client- then offered her a job at half the pay. Although her benefits were initially denied- we were able to persuade the Hearing Officer that the work offered was not suitable and that she had good cause to turn it down.
  
Unemployment Appeal Won
April 25, 2018
Employee nurse has just cause to quit for being required to perform duties beyond her expertise:
The Hearing Officer agreed that the nurse had just cause to quit, because the employer's decision to require her to perform duties beyond her expertise put her license and the possible well-being of the patients at risk.
  
Unemployment Appeal Won
April 16, 2018
Employer failed to show that our client was at fault for an alleged argument:
Although the employer claimed it terminated our client for shouting at a supervisor, our client's testimony was more credible and the employer failed to show our client was at fault for any alleged argument about its own failure to provide sufficient parts.
  
Unemployment Appeal Won
April 2, 2018
Absences for claimant's own illness and to care for ill family members does not give just cause to terminate:
The Hearing Officer agreed that the employer lacked just cause to terminate our client who had absences due to her own illness and that of her daughter and husband, and therefore approved her benefits.
  
Unemployment Appeal Won
March 29, 2018
Employer lacked just cause to terminate an employee when he attempted to return from a medical leave of absence:
Our client attempted to return to work after a medical leave of absence only to find that the employer had laid off much of its workforce and refused to return his calls. The Hearing Officer agreed that the employer lacked just cause to terminate and approved his benefits.
  
Unemployment Appeal Won
March 27, 2018
No just cause to terminate for being rude to a co-worker:
The Hearing Officer agreed that our client- who had no prior discipline, was terminated without just cause for an allegation of being rude to a co-worker. In part due to our preparation, the Hearing Officer concluded that our client's testimony was more credible than her employers.
  
Unemployment Appeal Won
March 22, 2018
Holding a real estate license does not disqualify unemployment eligibility:
Our client worked full time and held a real estate license. He was initially denied unemployment when he lost his full-time job because his real estate license with held with a broker. The Hearing Officer reversed, finding that just because a real estate broker held the license, this did not create an employment relationship.
  
Unemployment Appeal Won
March 19, 2018
Employer lacked just cause to terminate for a no-call/no-show:
The Hearing Officer did not agree with the employer that it had just cause to terminate for a no-call/no-show when the employee did call off to co-workers due to a bona fide medical illness.
  
Unemployment Appeal Won
March 7, 2018
Employer lacked just cause to terminate employee when customers were happy with employee's performance:
The hearing officer was persuaded- in part due to statements from customers that they were happy with our client's performance, that the employer lacked just cause to terminate for failing to meet performance expectations.
  
Unemployment Appeal Won
March 7, 2018
Employer lacked just cause to terminate employee for failing to meet expectations it did not explain:
When the employer promoted our client, it failed to explain the expectations of the new job and, therefore, lacked just cause to terminate the employee for failing to meet the unspoken expectations.
  
Unemployment Appeal Won
March 6, 2018
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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."
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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."
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Smith's Ohio Legal Blog

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.
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