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.

NOTE: ODJFS has become overwhelmed due to COVID related claims and we have found that they have been unreliable in processing appeals sent by fax or email. For the time being, we recommend filing both by fax AND online.

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. PUA appeals also require the Correspondence ID number.

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. We have also shared information about PUA claims.

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 entire State of Ohio.

800-641-1970

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 Delaware
City of Middletown
Clerac 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
Continental Real Estate Companies, Inc.
Continuum Care Hospice, LLC
Core Manufacturing LLC
Coronado Steel Co.
Cortland Savings Banking Co.
Costco Wholesale Corporation
Coulter Ventures, LLC
Creative Fabrication Ltd.
Crescent Metal Products Inc.
Crossmark, 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
Detroit Shoreway Community Development
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)
Encore Rehabilitation Services, LLC
Erie County General Health District
Euclid City Board of Education
Exclusively Floors, LLC
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.
Innovative Fabrication, LLC
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.
Norwood City Board of Education
OCCHealth Concepts, Inc.
Ohio Association of Second Harvest Foodbanks
Ohio Department of Taxation
OPRS Communities, Inc.
Optima Holdings, LLC
Orak Enterprises, 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.
Pratt Lewisburgh Corrugating, LLC
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.
Quality Support, 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.
Sis-Bro, Inc.
SMI Crankshaft, LLC
Southwest General Health Center
Specialty Retailers, Inc.
Speedway, LLC
Spherion of Lima, Inc.
Spine Institute of Ohio LLC
Springbrook Express, LLC
Stanley Steemer International, Inc.
Staples Contract & Commercial, Inc.
ST3J Autism
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
Tiks Thai Express, Inc.
The Tile Shop LLC
Time Warner Cable
Timekeeping Systems, Inc.
Tom's King Ohio, LLC
Total Quality Logistics 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
VYA, INC
Ventra Sandusky LLC
Village of Byesville
Wenger Traffic Corporation
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 for Terminated Employee:
Our client had a clean work record when the employer told him they were ending his employment because things, "were not working out." When he applied for unemployment, they denied his benefits claiming he quit without just cause. Through a hearing, we showed that he was terminated and the termination was without just cause. As a result, his unemployment compensation was approved with a backpayment.
  
Unemployment Appeal Won
July 30, 2021
Unemployment Benefits Approved:
Our client had discussions with two employers while receiving unemployment compensation. ODJFS determined that he was denied benefits for turning down offers of suitable employment. We showed the hearing officer that the first job offer was for a job out of his field and at $10 less per hour than he had previously been receiving, and therefore was not an offer of suitable employment. We also showed the Hearing Officer that the discussions with the second job never led to an actual offer of employment. Therefore, his benefits were approved.
  
Unemployment Appeal Won
July 23, 2021
Out of State Income Counts for Unemployment:
Our client was denied unemployment benefits in Ohio essentially because most of her income was from another state. We showed unemployment the amount of the income and verified her eligibility with the hearing officer. As a result, her benefits were approved.
  
Unemployment Appeal Won
July 22, 2021
Unemployment Appeal Won:
Our client was denied unemployment compensation due to an allegation that she turned down an offer of suitable work. However, during the Hearing we showed that she never received an offer. She had some discussions with an potential employer about a potential position, but they never actually extended an offer. As a result, our client was approved for benefits.
  
Unemployment Appeal Won
July 21, 2021
No Just Cause to Terminate - Unemployment Benefits Approved:
Our client was terminated due to a general dissatisfaction with her work, according to the employer. However, through a hearing we showed that the large majority of the employer's concerns were due to reasons outside of the claimant's control. As a result, we won the hearing and benefits were approved.
  
Unemployment Appeal Won
July 16, 2021
Unemployment - No Just Cause to Terminate Employee for Bona Fide Medical Issue:
Our client was absent from work due to a bona fide medical issue. The employer terminated her and unemployment denied her benefits, concluding that the employer had just cause to terminate based on the absences. We argued that fault is an essential element to prove just cause for a termination and an employee is not at fault when they have to be absent for a bona fide medical reason. The Hearing Officer agreed, approving our client for benefits, eliminating a large overpayment, and approving a backpayment of benefits.
  
Unemployment Appeal Won
June 15, 2021
Unemployment Won - Client Able to Work:
To qualify for unemployment benefits, a person must be able to work during their weekly claims. Our client needed to resign from his job because he was not able to work that job, but he was able to work other less demanding jobs. Unemployment denied his benefits; however. Through a hearing, we showed that he was able to work and eligible, and the Hearing Officer agreed.
  
Unemployment Appeal Won
June 2, 2021
Two Cases - Unemployment Benefits Approved After Refusal to Work:
Our clients turned down an offer to return to work due to having high risk conditions for COVID, including being over age 65. Governor Dewine issued an executive order protecting people such as my clients, but that did not stop ODJFS from issuing a denial and demanding a large overpayment. We prevailed, however, showing that they were eligible for benefits. As a result the overpayments were eliminated and they were both issued a large backpayment instead.
  
Unemployment Appeal Won
May 28, 2021
Unemployment Benefits Approved After Argument:
Our client raised concerns about his hours with his boss, only to have his boss tell him to go home. When our client returned to work, he was told that they believed he resigned. He explained that he did not resign and never told anyone he resigned, but the employer would not let him work. The Hearing Officer agreed with us that this was a termination without just cause and approved his unemployment benefits.
  
Unemployment Appeal Won
May 26, 2021
Unemployment Won For Claimant Who Resigned:
Our client was was targeted with false allegations and discipline. After continued failed attempts to resolve the issues with his employer, and with concerns about the impact of discipline on a certification he was required to carry, he resigned. Through a telephone hearing, we showed the hearing officer that he had just cause to do so and as a result his unemployment benefits were approved.
  
Unemployment Appeal Won
May 24, 2021
Unemployment Benefits Won - Client Available for Work:
To qualify for unemployment benefits, a claimant must be able and available for work. Our client was denied because ODJFS concluded he did not make himself available for work. By representing him through a telephone hearing, we showed that he was available and eligible for benefits. The Hearing Officer agreed and awarded him benefits.
  
Unemployment Appeal Won
May 18, 2021
Unemployment Benefits Approved After Quarantine:
Out client was subject to a two-week quarantine. ODJFS determined that she was not only unable to work during those two weeks, and therefore ineligible for unemployment compensation, but also for all weeks thereafter. Through a telephone hearing we persuaded the hearing officer that our client was able to work after the quarantine and eligible for benefits. The hearing officer agreed and awarded benefits.
  
Unemployment Appeal Won
May 18, 2021
PUA Overpayment Appeal Won:
Our client was initially approved for PUA benefits with a weekly benefit amount of $440 per week. Many months later he received a determination notice stating that he owed a large overpayment because they recalculated his weekly benefit amount to be only $189 per week. Through appeals and a telephone hearing we prevailed, showing that the "corrected determination" did not include all of his income when calculating his weekly benefit amount. As a result, a large overpayment was avoided.
  
Unemployment Appeal Won
May 18, 2021
Unemployment Benefits Approved:
Our client was denied unemployment benefits after suffering an injury because ODJFS claimed he was not able to work and therefore not eligible. We showed the hearing officer that the injury was only temporary and that he was able to work during his claims. As a result, his unemployment benefits were approved with a backpayment.
  
Unemployment Appeal Won
May 17, 2021
Unemployment Appeal Won:
To qualify for unemployment, a person must be able and available to work. Our client experienced a medical issue while collecting unemployment that required a brief stay at a hospital. ODJFS not only denied her for the week she was in the hospital, but for all weeks after. Through a hearing, we showed that she was only unable to work one week and was entitled to benefits for all weeks after. As a result, an overpayment was removed and a backpayment was issued.
  
Unemployment Appeal Won
May 12, 2021
Unemployment Appeal Won:
Our client applied for unemployment when she was separated from her employment. Two weeks after, she received a final paycheck from the employer. Nine (9) months later, ODJFS issued a determination denying benefits because she, "was not unemployed at the time of filing . . ." Through a telephone hearing, we showed that she was unemployed despite the final paycheck. While the paycheck was deductible income for the weeks in which she received it, she was entitled to benefits for all weeks thereafter. As a result, she was approved for unemployment compensation, the overpayment was eliminated, and she was eligible for a backpayment.
  
Unemployment Appeal Won
May 12, 2021
PUA Benefits Won:
ODJFS claimed that our clielnt was not eligible for PUA benefits and demanded he repay nearing $10,000.00 in benefits. We representd him through a telephone hearing and demonstrated that he was eligible for benefits. As a result, the overpayment was eliminated and he was approved for a backpayment.
  
Unemployment Appeal Won
May 11, 2021
COVID Quarantine Does Not Disqualify Unemployment Benefits:
To qualify for unemployment, a person must be able and available to work. Our client had to quarantine due to COVID while receiving unemployment and ODJFS not only denied benefits for the weeks of the quarantine, but also for all weeks after. During a hearing, we showed that he was able to work after the quarantine and the hearing officer agreed - eliminating the overpayment and approving him for benefits.
  
Unemployment Appeal Won
May 6, 2021
Pregnancy Does Not Preclude Unemployment Benefits:
To qualify for unemployment benefits, a person must be able and available for work. Our client was pregnant during her unemployment claims and gave birth. ODJFS denied her benefits, claiming she was unable to work during the pregnancy after after giving birth. We showed a hearing officer, however, that while there was a very limited time at the time of the birth that she could not work, she was able to work during the pregnancy and shortly after the birth. As a result, the denial of benefits was removed.
  
Unemployment Appeal Won
May 5, 2021
Unemployment Approved After Resignation for Cut in Pay:
Our client worked primarily on commission. His employer removed is biggest client, which was predicted to cause a loss of 50 to 70% of his pay. He resigned, but was initially denied unemployment. We fought for his benefits and won. Even though the employer argued the they removed his client as a form of discipline, the Hearing Officer agreed with us that the employer lacked just cause to do so because it had provided no prior discipline or warnings about work performance. As a result, benefits were approved.
  
Unemployment Appeal Won
May 4, 2021
School Employee Approve for Unemployment:
Employees of schools who typically have the summers off do not received unemployment compensation through the summers based on their school employment if they have a reasonable assurance of employment in fall. They may qualify through the summers based on other employment, if the employer does not follow required steps to give a reasonable assurance, or if their will be significant changes to the type of work or rate of pay. In this case, the employer did not follow the required steps to provide a reasonable assurance and, as a result, our client was approved for benefits.
  
Unemployment Appeal Won
May 4, 2021
Unemployment Approved - Client Available for Work:
To receive unemployment benefits, claimants must be able and available for work each week that they file claims. ODJFS determined that our client was unavailable for for work and retroactively denied him, stopping his benefits and claiming he owed a large overpayment. We prevailed at the hearing; however, showing the hearing officer that our client was available for work at all relevant times. As a result, he did not owe an overpayment, but rather ODJFS owed him a backpayment.
  
Unemployment Appeal Won
May 4, 2021
Unemployment Benefits Approved:
To qualify for unemployment benefits, a claimant must be available and able to work each week. Our client's claims were rejected because ODJFS determined that he was unable to work. By working with our client to obtain medical documentation and prepare for a hearing, we persuaded a Hearing Officer that he was able to work. As a result, his benefits were approved with a backpayment.
  
Unemployment Appeal Won
April 29, 2021
Unemployment Hearing Won:
Our client was receiving unemployment when he had a medical procedure completed. One of the requirements for receiving unemployment is that a person must be able to work. ODJFS denied our client benefits for all claims after the medical procedure; however, we prevailed at a telephone hearing by showing that our client was only able to work for the one week that they had the procedure. As a result, all benefits after that one week were approved with a backpayment for our client.
  
Unemployment Appeal Won
April 16, 2021
Unemployment Appeal Won:
While receiving unemployment, our client became unavailable to work one week due to the need to care for a child. ODJFS denied her for not only that one week, but for all following weeks. Through a telephone hearing, we persuaded the Hearing Officer that that our client was eligible for benefits for all other weeks and as result her overpayment was eliminated and her benefits were approved.
  
Unemployment Appeal Won
April 8, 2021
Employee Unable to Work Due to COVID Testing Approved for Unemployment:
Our client tested positive for COVID and was required to quarantine until she tested negative. In the meantime, the employer terminated her employment. Her claim for unemployment was initially denied, with ODJFS concluding she quit her employment without just cause. However, through a hearing we were able to persuade the Hearing Officer that this was a termination without just cause. As a result, our client was approved for benefits with a backpayment.
  
Unemployment Appeal Won
April 5, 2021
Unemployment Approved After Employee Worked a Temporary Job:
Our client was receiving unemployment benefits when he obtained a temporary one day job. However, instead of reopening his claim the following week when he did not have any more income, he simply filed another weeks claim as most people seem to do. He was denied for not reopening his claim and provided a sufficient reason for not having any more income. Through the appeal process, we showed that this was a temporary job and as a result he was approved for unemployment with his overpayment eliminated.
  
Unemployment Appeal Won
March 31, 2021
Laid Off Employee Approved for Unemployment:
Our client was laid off from work, called back for a week, and then laid off again. The employer attempted to get her unemployment benefits denied by claiming she was on a voluntary leave. Through a telephone hearing, we conveyed that the employer was dishonest and as a result unemployment benefits were approved.
  
Unemployment Appeal Won
March 30, 2021
Unemployment Benefits Approved After Termination:
Our client was placed on an performance improvement plan at work and then terminated. Through a hearing, we showed that performance issues improved after the PIP and that the employer lacked just cause to terminate. The Hearing Officer agreed, approving our client for benefits with a back-payement.
  
Unemployment Appeal Won
March 24, 2021
Unemployment Appeal Won After Temporary Job:
Our client was laid off from work and applied for benefits. His employer later offered him a temporary assignment for one week, and then the layoff resumed the following week. Because our client did not restart/reopen his claim for the week with no earnings, unemployment denied him claiming he did not show a valid reason for not having work. After working to obtain documentation and submit an appeal, the appeal was granted and he was approved for benefits.
  
Unemployment Appeal Won
March 23, 2021
Employee Terminated After Resignation Approved For Unemployment:
Our client resigned from employment, providing a standard two-week notice. The employer terminated him before the end of the two weeks due to the resignation. Although he was initially denied for unemployment for lacking just cause to resign, we prevailed at a hearing by showing that it was a termination rather than a resignation. The Hearing Officer agreed with us that the law is, if an employee is discharged during a notice of resignation period, and the employer does not pay normal wages to the employee for the balance of that period, then the question will be whether there was just cause in connection with work to support the discharge. Here there was no just cause to terminate, and as a result unemployment benefits were approved.
  
Unemployment Appeal Won
March 17, 2021
Etsy Seller Approved Unemployment:
Our client was approved unemployment compensation, but denied after she sold a few items on Etsy. We showed unemployment that our client, regardless of a few sales on Etsy, remained eligible for unemployment compensation. As a result, an overpayment of $30,000.00 that unemployment was seeking was eliminated, with our client approved for future benefits as well.
  
Unemployment Appeal Won
March 15, 2021
Client with Lifting Restrictions Awarded Unemployment:
Our client had lifting restrictions that prevented her from working her current job, though she could have worked other jobs. While she was initially denied unemployment, we showed the Hearing Officer that her inability to work was through no fault of her own and she remained otherwise available to work. The Hearing Officer agreed, holding, "The leave of absence, therefore, was involuntary and claimant was involuntarily unemployed." As a result, her unemployment benefits were approved.
  
Unemployment Appeal Won
March 4, 2021
Unemployment Won - Week of Earnings Follow by a Week With No Earnings:
When a person is receiving unemployment benefits, they may still have some work and some income. However, when they have a week of earnings followed by a week with no earnings, they cannot simply file regular claims but must restart their claims for the week with no earnings. This will prompt questions about why there were no earnings (e.g., did the person refuse work, were they fired, did they quit, etc...). The unemployment system makes this entirely unclear and as a result many people get fall into this trap that includes a denial for all subsequent weeks. Our client was one such victim; however, we appealed and prevailed at a telephone hearing by showing that the person did not have any work available during the week with no earnings. As a result, a substantial overpayment was eliminated for our client.
  
Unemployment Appeal Won
March 3, 2021
Unemployment Benefits Approved After Termination:
Our client was hired as an account representative with certain revenue goals to meet. Despite meeting those goals and receiving a promotion, the Employer added additional performance criteria that our client did not meet for one month. After the Employer terminated our client and ODJFS initially denied benefits, we prevailed at a telephone hearing by showing that our client was a good employee, met the performance expectations he was given when hired, and the new performance expectations were not reasonable. As a result, his benefits were approved.
  
Unemployment Appeal Won
February 26, 2021
PUA Benefits Approved:
Our client had sporadic W-2 employment during 2019 that came to an end, but she was also hired to start a new job in 2021. The new job offer was rescinded due to COVID. She applied for and was denied PUA benefits because they determined the reason the W-2 employment came to and end was not COVID related. During a telephone hearing, we persuaded that the hearing officer that, regardless of why the W-2 employment came to an end, she qualified for PUA benefits because she was hired to start another job but that new job offer was rescinded due to COVID. As a result, unemployment benefits were approved.
  
Unemployment Appeal Won
February 26, 2021
Unemployment Case Won in Cuyahoga County Common Pleas:
Our client found her hours at work cut in half and benefits eliminated. The employer said that it would work to restore her hours, but after seven weeks they remained the same. As a result, she resigned. ODJFS and Hearing Officer Leanne Colton of the UCRC concluded that she did not have just cause to resign. We appealed the case to court, drafted legal briefs, and obtained a decision reversing the earlier denials and approving her benefits.
  
Unemployment Court Appeal Won
February 23, 2021
UBER Driver Approved for PUA Benefits:
Our client was an OBER driver who found their business fall off when the pandemic hit. He applied for PUA benefits, but was denied because unemployment believed he was not working simply to avoid contracting COVlD-19. We persuaded the Hearing Officer that the public health emergency severely limited his ability to continue performing his customary work activities, and as a result, he was approved for PUA benefits.
  
Unemployment PUA Benefit Appeal Won
February 18, 2021
Employee Approved for Unemployment Compensation:
Our client was hired for a local job, only to find during orientation that the employer hired her into a position that was different from the position she accepted. Further, the new position required travel and overnights out of the state. For several reasons, our client was unable to do such traveling and, after attempting to resolve the issue with the employer, she resigned. The Hearing Officer agreed with us that she had just cause to resign and she was approved for unemployment benefits with a backpayment.
  
Unemployment Appeal Won
February 12, 2021
Unemployment Appeal Hearing Won:
Our client had disagreements with co-workers who eventually accused our client of making threats. During a telephone hearing, we showed that the employer lacked any credible evidence that the accusations were true while we helped our client to credibly explain what happened. The Hearing Officer agreed that the employer lacked just cause to terminate and as a result our client was approved for unemployment with a backpayment.
  
Unemployment Appeal Won
February 4, 2021
Unemployment Benefits Awarded:
Our client had a minor surgery while collecting unemployment and unemployment responded by denying the remainder of her benefits denied as being unable to work. We proceeded through a telephone hearing and persuaded that Hearing Officer that our client was in fact able to work and eligible for benefits. As a result, she received her unemployment including a backpayment.
  
Unemployment Appeal Won
February 4, 2021
Unemployment Approved After a Denial for a Week of Earnings Followed by a Week of No Earnings:
When an a claimant is receiving unemployment and has a week of earnings followed by a week of no earnings, they are supposed to restart their claim to explain why they had no earnings. This is less than clear and many claimants do not realize this. Our client was one such claimant and as a result was denied benefits and asked to pay back nearing $9,000.00. We helped show why our client had one week of no earnings and why they remained eligible for benefits, and as a result obtained a win for our client eliminating the overpayment.
  
Unemployment Appeal Won
February 3, 2021
Unemployment Benefits Approved After Resignation Due to Mistreatment and Reduction of Hours:
Our client worked for a restaurant where the owner seemed to target her due to the color of her skin. For example, the owner instructed her to straighten her hair while not giving the same directive to white employees. The employer then reduced her weekly hours from 30 to 12. The Hearing Officer agreed with us that our client had just cause to resign and as a result her unemployment compensation was approved.
  
Unemployment Appeal Won
January 28, 2021
Unemployment Approved for Individual Terminated Due to Lifting Restriction:
Our client had a medical issue that limited the weight he could lift. The employer terminated him, claiming he could not do his job. Although our client was initially denied unemployment benefits, we demonstrated that there is no just cause to terminate for bonafide medical issues. As a result, our client was approved for benefits.
  
Unemployment Appeal Won
January 11, 2021
Unemployment Appeal Won
Our client accepted a new job while on unemployment but found the physical demands of the job exceeded is ability. As a result he resigned. Although unemployment initially denied him for the denial, we prevailed at the hearing by showing he was not medically able to do the job. As a result, his benefits were approved.
  
Unemployment Appeal Won
January 6, 2021
Unemployment Benefits Approved for Employee Who Resigns Over COVID Safety Protocols:
Our client worked at a medical office where COVID safety protocols were not being followed. She raised her concerns to the employer to no avail and as a result resigned. The Hearing Officer agreed that she had just cause to resign and was approved for unemployment benefits.
  
Unemployment Appeal Won
December 24, 2020
Unemployment Appeal Granted and Benefits Paid:
Our client was receiving unemployment when he received a job offer. He could not work the week the job was offered due to a medical reason. ODJFS denied him benefits from the date of the job offer forward. The Hearing Officer held; however, that while he was not able to work one week, he was eligible for all other weeks and future claims. His unemployment was approved with benefits.
  
Unemployment Appeal Won
December 14, 2020
Approved for Unemployment After Unjust Termination:
Our client was asked to return to work after being laid off due to COVID. She had concerns about returning that she expressed to the employer and awaited a response. The employer responded by terminating her though, claiming she no-call/no-showed for work. The Hearing Officer disagreed and issued a decision approving our client for unemployment benefits.
  
Unemployment Appeal Won
December 4, 2020
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
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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

StarStarStarStarStar

"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

StarStarStarStarStar

"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

StarStarStarStarStar

"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

StarStarStarStarStar

"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

StarStarStarStarStar

"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 an enormous increase in requests for free 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 August 2, 2021

While we typically encourage and provide free consultations every day, Mr. Smith will be unavailable to provide consultations until August 3, 2021. He will be available for free consultations after that time.

Contact Us

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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.
Parma Bar AssociationWest Shore Bar AssociationNational College for DUI DefenseOhio Employment Lawyers AssociationMillion Dollar Advocates ForumDUI Defense Lawyers AssociationOhio State Bar AssociationCleveland Metropolitan Bar AssociationAV Martindale RatingAVVO Clients Choice AwardOhio Association of Criminal Defense LawyersLorain County Bar AssociationFaithNational Lawyers GuildrneysCuyahoga Criminal Defense Lawyers AssociationJohn Sivinski - Super LawyersNational Employment Lawyers Association
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