Ohio Unemployment Lawyers

Good and hard workers lose their jobs on a daily basis and start their unemployment claims and appeals without an unemployment attorney because they have full expectations of receiving the compensation they deserve.

To their surprise, their former employer throws up roadblocks and obstacles in their path for the sole purpose of minimizing the premiums they pay to Unemployment.

We help these employees get the benefits they deserve.

"The best. Brian really came through for me when I needed them. He was available to answer all my questions, made the process simple, and got me the benefits I deserved."  
Tina

Even though you may be rightly due compensation, your former employer’s poor payroll records or desperate attempt to minimize their expenses may leave you without the benefits you earned to care for your family and yourself during these difficult economic times while you search for new employment.

Although it may seem obvious that you have a right to compensation, moving forward on your own with unemployment appeals and hearings may leave you with a denied unemployment determination and even with ODJFS demanding you pay back benefits.

Do not let yourself be fooled by the seemingly informal nature of the unemployment review commission telephone hearings, because these are real hearings, governed by laws and procedures, and they may be your best and last chance to present evidence that you are due benefits.

Improve Your Opportunity to Obtain Unemployment 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.

We 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.

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.

It is a simple decision: If you want to increase your chances of obtaining benefits, take advantage of a free consultation with the licensed attorneys at Smith's Law Offices.

Free Consultations

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.

Contingency Fee Options

We offer fee options that understand the cost of legal help can be difficult when you are unemployed. In most cases when a person is seeking a backpayment, we offer a contingency fee with no up-front fee and no fee until you win. In other cases, when benefits have already been paid but unemployment wants them back for example, we offer a minimal flat fee option.

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.

800-641-1970

We only represent employees, never employers, because we believe in fighting for Ohio's workers, never against them.

Experienced Representation

John Sivinski and Brian Smith built their practice of representing employees during unemployment appeals upon a foundation of successfully representing employees wrongfully terminated  during union arbitrations, workers' compensation claims, and in state and federal litigation for many years. No unemployment appeal case at Smith's Law Offices is ever delegated down to a staff member. Instead, Smith's Law Offices guarantees that your case will receive personalized direct representation from attorneys John Sivinski and Brian Smith.

The Unemployment Telephone Hearing

Unemployment Compensation Appeal Services

If you have lost your job and your former employer is fighting your benefit claim, call Smith's Law Offices for a free consultation with a respected and licensed employment attorney. We strive to provide aggressive legal representation throughout the unemployment process, requesting records and tailoring the best legal arguments available, to protect your rights and to obtain any compensation that you have a right to.

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.
Admired Residential Services LLC
Ads Alliance Data Systems, Inc.
Advanced Industrial Services, LLC
Advance Pierre Foods, Inc.
Advantage Sales & Marketing LLC
Ag Bells LLC
Ag-Pro Ohio, LLC
AIY Properties, Inc.
Akron City Board of Education
Akron General Partners, Inc.
Aldi , Inc.
All-Ohio Threaded Rod Co., Inc.
Allen Refrigeration Services, Inc.
Allstate of Youngstown LLC
Altaquip LLC
AM Industrial Group LLC
Amazon.com Services, Inc.
American Bottling Company Inc.
American Home Patient Inc.
American Pride Lawn & Landscaping
Americare Home Health of Bryan LLC
Ampro Computers Inc.
Amtrust North America, Inc.
Angel's Paws
Animal Hospital of Polaris, LLC
Anthem Companies, Inc.
Archbold Family Dental
Ariel Corporation
The Arms Trucking Co., Inc.
Ashland City Board of Education
Ashtabula County
Ashtabula County Medical Center
Associated Materials, LLC
AT&T Mobility Services, LLC
Atlantis Company, Inc.
Aventiv Research, Inc.
Avita Health System Inc.
Bar One II LLC
Barbara A. Hanson D.D.S. LLC
Baesman Group, Inc.
Bed Bath & Beyond, Inc.
Bef Foods Inc.
Berke Dental Center
Best Equipment Company Inc
Bettcher Industries, Inc.
Biomat USA, Inc.
BJ's Restaurant Operations Company
Blanchard Valley Regional Health Center
The Blue Berry Cafe, Inc.
Bluffton Hotel Corp.
Bm2Freight
Bob Belsterling et Al
Bolton Square Hotel Company, Inc.
Borcherding Parts, Inc.
BPI Recycling, LLC
Brightview LLC
Brookville Local Board of Education
Buckeye Cablevision, Inc.
C & R Welding Inc.
C T L Aerospace, Inc.
Cantex Inc.Cargill, Inc.
Capital City Consulting, Inc.
Carrols, LLC
The Carter Jones Lumber Company Inc.
Caruso Trucking Ltd.
Catastrophe Management Solutions
Catholic Charities Corporation
Catholic Health Care Partners
Cbocs, Inc.
Ccbcc Operations LLC
Centene Management Co., LLC
Certified Flooring Installation, Inc.
Charter Communications LLC
Cheeseman, LLC
Chi Omega Sorority
Children's Hospital Medical Center
Chippewa Community School, LLC
Chn Housing Partners
Cincinnati Bell Telephone Company LLC
Citizens Bank, National Association
City of Delaware
City of Mason
City of Middletown
Clerac LLC
Cleveland Clinic Foundation
Cleveland Die & Manufacturing Co., Inc.
Cleveland Wholesale Baking Company Inc.
Coblentz Distributing, Inc.
Cobra Plastics, Inc.
Community Health Partners Regional Medical Center, Inc.
Component Repair Technologies, Inc.
Computer Discount, Inc.
Contactus, LLC
Containerport Group, Inc.
Continental Real Estate Companies, Inc.
Continuum Care Hospice, LLC
Core Manufacturing LLC
Coronado Steel Co.
Corporation for the Promotion of
Rifle Practice and Firearms Safety - Camp Perry
Cortland Savings Banking Co.
Costco Wholesale Corporation
Coulter Ventures, LLC
Creative Fabrication Ltd.
Crescent Metal Products Inc.
Crossmark, Inc.
Crown Services
Custom Cable Construction, Inc.
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
Department of the Treasury
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
Educational Service Center of Northeast Ohio
The Elevance Health Companies, Inc.
Empaco Equipment Corporation
The Employer Group, Inc. (PEO)
Encore Rehabilitation Services, LLC
Energizer Manufacturing, Inc.
Erie County General Health District
Euclid City Board of Education
Exclusively Floors, LLC
Executive Care, Ltd.Exel, Inc.
Eyetique of Cleveland, Inc.
F&W Properties, Inc.
Falls Village Retirement Community ltd
Fairfield Medical Center, Inc.
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.
Gabriel Brothers, Inc.
Geauga County Auditor
Gemma Power Systems, LLC
General Data Co., Inc.
General Die Casters, Inc.
General Mills Operations LLC
Germain Inc.
Giesecke & Devrient America Inc.
GLJMOW, LLC
Global Cooling, Inc.
Gm Mail Boxes, LLC
Good Samaritan Hospital & Health Center, Inc.
Greater Cleveland Regional Transit Authority (GCRTA)
Green Gourmet Foods, LLC
Green Impressions, LLC
Greens Equipment Group 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
Hydrosol Systems, Inc.
Imagine Schools, Inc.
Innovative Fabrication, LLC
Insight Global LLC
Inspiron Logistics, LLC
Integrated Logistics Solutions LLC
Interstate Management Company, LLC
ISD Renal Inc.
J.B. Hunt Transport, 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.
JohnDow Industries Inc.
Joseph T of D Co., (Inc.)
JP Morgan Chase Bank National Association
K&K Home Division, Ltd.
Kapolis Corp.
Keltec Inc.
La Rosa's Inc.
Legrand NA, LLC
Lake PHO, Inc.
Lakes Venture, LLC
Lakeside April LLC
Lakeview Farms LLC
Lakewood Senior Campus, Inc.
Lambda Research, Inc.
The Landing At Canton LLC
Landpro Equipment LLC
Lane Construction Corporation
The Laurels of West Carollton, LLC
Lewis Imports LLC
Life Safety Enterprises, Inc.
Lincoln Heights Health Center
Logan County Prosecutor Office
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.
Murtis Taylor Human Services System
National Lime & Stone Co., Inc.
Norwood City Board of Education
OCCHealth Concepts, Inc.
Ohio Association of Second Harvest Foodbanks
Ohio Department of Taxation
Opportunities For Ohioans With Disabilities
OPRS Communities, Inc.
Optima Holdings, LLC
Optimized Senior Living Group
Orak Enterprises, LLC
Oriana House, Inc.
The Orlando Baking Co.
Orthopaedic Associates of Zanesville, Inc.
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.
Perrysburg Exempted Village Board of Education
Personnel Outsource Solutions, Inc.
Petsmart, Inc.PJ Pizza Ohio, LLC
Phf Automotive Ltd.
Pike County Recoveiy Council, Inc.
Plantation Animal Hospital
Pnc Bank Na
Portrait Innovations, Inc.
PPC Airfoils, Inc.
Pratt Lewisburgh Corrugating, LLC
Precision Thermoplastic Components, Inc.
Premier Bank, Inc.
Premier Healthcare Solutions, 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.
Quantum Health, Inc.
Quintiles Commercial Us, Inc.
Radiant Technology Group, Inc.
Rail Link Inc
Rail Loading Services, LLC
Raising Cane's USA, LLC
R.C. Bremer Marketing Associates, Inc.
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.
Riverside Community Urban Development Corp.
RK Holdings, LLP
RMS of Ohio, Inc.
Robert J. Dittoe O.D., Inc.
Robinson Memorial Hospital
Ron Carrocce Trucking Co., Inc.
Rona Homes LLC
Ross Aluminum Castings LLC
Royal Plastics, Inc.
Ruan Logistics Corporation
Russell Cellular, Inc.
Rx Options, Inc.
Safeway Specialty Products, 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.
Siferd Plumbing Heating, Air Conditioning LLC
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
St. Luke' s Hospital, Inc.
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.
Sugar Creek Packing Co.
Summa Health
Summa Western Reserve Hospital LLC
Sunbelt Rentals, Inc.
Sunstates Maintenance Corporation
Super C Group LLC
Superior Metal Products, Inc.
Surgeforce, LLC
Swagelok Manufacturing Company
Sysco Cincinnati, LLC
Sysco Cleveland, Inc.
TA Operating LLC
Teays Valley Local Board of Education
The Tamarkin Company, Inc.
Thistledown Management LLC
Thompson Insurance Group, 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.
Turner Mining Group, LLC
TWC (Time Warner Cable) Administration, LLC
UC Health 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
University of Cincinnati Physicians Company, LLC
Unlimited Advacare, Inc.
Upright Steel Fabricators & Erectors, LLC
US Well Services LLC
VYA, INC
Vector Technical, Inc.
Ventra Sandusky LLC
Village of Byesville
Vitamin Angel Alliance, Inc.
Vocational Guidance and Rehabilitation Services Inc
Wenger Traffic Corporation
Wal-Mart Associates, Inc.
Walton Healthcare Group, LLC
Wegman Construction Co., Inc.
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
Wrench, Inc.
Wurth Electronics ICS, Inc.
Zima Automotive LLC

Recent Cases/News

PUA Fraud Appeal Won:
Another of our clients was issued a fraud determination from ODJFS, claiming all of his pandemic unemployment benefits should be repaid, along with a fraud penalty. We prevailed with his appeal, eliminating the overpayment and eliminating the fraud determination.
  
Unemployment Appeal Won
February 23, 2024
Unemployment Appeal Won After Termination:
Our client worked remotely. She kept track of her hours and the employer's computer systems kept track of some, but not all, of the tasks she was working. Without any prior discipline, the employer terminated her claiming she committed payroll fraud because their tracking did not align. We showed the employer's systems were not reliable and we emphasized the employer failure to follow its own progressive discipline policy. As a result, we prevailed with her appeal, obtaining her unemployment benefits for her.
  
Unemployment Appeal Won
February 23, 2024
PUA Fraud Appeal Won:
Many people are receiving fraud determinations from ODJFS for their PUA benefits received years ago. We helped another such client get rid of the fraud determination and overpayment demand by processing her appeal, with the knowledge of what ODJFS needed to reverse their decision
  
Unemployment Appeal Won
February 22, 2024
Unemployment Appeal Won After Termination During Resignation Period:
Our client provided a 30-day resignation notice at which point the employer accepted the resignation effective immediately and failed to pay her through the notice period. We won the hearing, with the Hearing Officer adopting the following accepted rules for resignations: "When an employee is discharged during a notice of resignation period and the employer does not pay the employee for the balance of hours of that period, the question then becomes whether the employer had just cause in connection with work to support the discharge. In order to constitute a justifiable reason for discharge, the employer must have reasonably communicated the reason for discharge to the employee prior to the employee's submission of the resignation. . . . The employer unilaterally decided not to have claimant work out the 30-days given in her notice. This was the employer's decision and not that of claimant."
  
Unemployment Appeal Won
February 16, 2024
Unemployment Benefits Won:
After being terminated for allegedly causing a pallet to fall while operating a forklift, our client found his unemployment benefits denied too. Through a hearing, we showed that there was no financial loss to the employer as a result, and that termination was disciplinary overkill. The hearing officer agreed that there was no just cause to terminate and approved our client's benefits.
  
Unemployment Appeal Won
February 15, 2024
Unemployment Benefit Appeal Regarding Benefit Amount Approved:
When ODJFS determined the weekly benefit amount for our client, it shorted him credit for all of his employment. We appealed the determination collecting documentation of his actual pay rate, and as a result ODJFS increased his weekly benefit amount. It also issued him a backpayment for the shortages.
  
Unemployment Appeal Won
February 15, 2024
PUA Fraud Appeal Won:
Our client received a notice years after he received PUA unemployment compensation claiming that he failed to prove his identity and that he committed fraud. By gathering and submitted the correct documentation, we won his appeal.
  
Unemployment Appeal Won
February 8, 2024
Unemployment Hearing Won:
Our client was disciplined and asked to write an action plan for herself. When she turned in the action plan, the employer terminated her claiming it was dissatisfied with her plan. We showed the hearing officer that this was insufficient for just cause and as a result, her unemployment benefits were won.
  
Unemployment Appeal Won
February 4, 2024
OVI Charges Dismissed
Our client was charged with an OVI; however, through extensive negotiations we obtained a dismissal of the charges with her pleading to a traffic citation instead.
  
Ottawa County Municipal Court
February 2, 2024
Unemployment Hearing Won - Claimant Able to Work:
To qualify for unemployment benefits each week a claimant must, among other things, be able to work. Our client found his benefits denied because he had an outpatient medical procedure. Through a hearing, we showed this procedure did not keep him from being able to work. We prevailed at the hearing, winning his benefits for him.
  
Unemployment Appeal Won
January 23, 2024
Unemployment Appeal Won - No Just Cause to Terminate for Attendance:
Although our client was terminated due to general concerns with her attendance, through a hearing we showed that the employer lacked evidence of prior discipline and lacked evidence of specific policies regarding attendance. We prevailed, winning our client's unemployment benefits for her.
  
Unemployment Appeal Won
January 23, 2024
Unemployment Appeal Won After Termination for Complaints:
Our client had been disciplined at the employer, including a final warning, for alleged complaints against him. He then found himself terminated and his employer appealing his unemployment benefits. Through a hearing, we showed that the employer lacked evidence to support its allegations. It failed to present the alleged complainants as witnesses and failed to provide statements from them. As a result, the Hearing Officer agreed the Employer failed to show just cause for the termination. We won the hearing and our client received his benefits.
  
Unemployment Appeal Won
January 19, 2024
Unemployment Appeal Won - No Just Cause to Terminate for a Bad Mood:
Our client was having a hard day and was in a bad mood while at work. At one point he rolled his eyes. The employer terminated him and his unemployment benefits were denied until we prevailed at his hearing by showing that he had no prior discipline and there was no evidence that his mood caused any specific performance issues. As a result, his benefits were approved.
  
Unemployment Appeal Won
December 28, 2023
Unemployment Appeal Won - No Just Cause to Terminate For General Concerns:
Our client was terminated due to general concerns regarding his job performance, even though had not received any prior discipline or warnings. We prevailed at the hearing, showing a lack of just cause to terminate. As a result, our client won his unemployment benefits.
  
Unemployment Appeal Won
December 20, 2023
Unemployment Won For Person Unable to Work Due to Medical Reasons:
Our client was placed on light duty as a result of a medical condition. His employer did not allow him to work his physically demanding job while on light duty, so he applied for unemployment. To prevail, we showed (a) that he was unable to work his job due to a bona fide medical reason, but (b) he was able to work other jobs under the same restrictions. As a result, we prevailed at his hearing and he won his benefits.
  
Unemployment Appeal Won
December 15, 2023
Unemployment Appeal Won - No Just Cause to Terminate for Quotas:
When an employer terminates an employee for failing to meet performance expectations, they must show that the (a) the expectations were made known at the time of hire, (b) the employee did not meet the expectations, (c) the expectations were reasonable, and (d) the requirements of the job did not change since the date of hire. Although our client was terminated for failing to meet sales goals, we showed that the goals were not reasonable, and as a result we prevailed at his hearing.
  
Unemployment Appeal Won
December 14, 2023
Unemployment Won After Termination for Saying, "I'm done":
Our client informed his employer that he would be looking for another job. They called him into a meeting as a result and engaged in a heated discussion, during which he said, "I'm done." The employer attempted to argue that this was a resignation. We showed that it was not a resignation. He was simply done with the meeting. A supervisor followed him to his desk, telling him to pack his things and leave. The employer had no other just cause to terminate and therefore we prevailed with the hearing.
  
Unemployment Appeal Won
December 13, 2023
Unemployment Won - COVID Did Not Bar Benefits:
To qualify for unemployment, a person must be able to work each week that they file claims. Our client experienced a mild case of COVID only to find ODJFS denied all of his benefits after for being unable to work. Through a hearing we showed this was absurd - that our client was able to work despite a mild case of COVID. As a result, he received his benefits.
  
Unemployment Appeal Won
December 7, 2023
Unemployment Appeal Won:
Our client found his employer appealing his unemployment benefits through to a hearing. At that hearing, we established that the employer lacked evidence of misconduct and, in truth, was altering its reasons for the termination as it saw fit. As a result, we prevailed at the hearing and our client received his benefits.
  
Unemployment Appeal Won
December 4, 2023
Unemployment Won - Verified Employment:
Our client, like many, found himself denied unemployment benefits because his employer did not properly report his income. We were able to prevail with his appeal, obtaining his benefits for him.
  
Unemployment Appeal Won
December 4, 2023
Unemployment Appeal Won - ID Verification:
Many people are finding their unemployment claims denied for allegedly failing to meet ODJFS's identity verification requirements. We have been able to help every person who has received such a denial obtain their benefits. It is important to understand and know what documents ODJFS requires. We work with our clients to obtain those documents, we review and ensure they contain the required documentation, and then we pursue their case through the appeal process to obtain a win, as we did today.
  
Unemployment Appeal Won
November 30, 2023
Unemployment Appeal Won:
When a person quits a job to accept another job, ODJFS will determine this to be a disqualifying separation that suspends benefits until the person has worked six weeks at a new job, or if they started they new job within 7 days of leaving the first job, they must work the new job for at least three weeks. ODJFS frequently becomes confused about this rule or they do not see records from the new job in their system. As a result, and as with the client we obtained a win for today, we pursue the appeal process showing ODJFS the new employment and educating them about this rule.
  
Unemployment Appeal Won
November 29, 2023
Unemployment Appeal Won Despite PIP:
Our client was placed on a Performance Improvement Plan (PIP) with goals to meet. She was not told that her job was in jeopardy and at regular meetings about her goals, she was not told that she was failing to meet any of them. The employer ultimately terminated her for failing to meet the goals. The Hearing Officer agreed that the employer lacked just cause to do so. As a result, we won the hearing for our client.
  
Unemployment Appeal Won
November 16, 2023
Unemployment Appeal Won - No Just Cause to Terminate for Using Phone:
After our client was terminated for using his cell phone at work and denied unemployment benefits, we represented him through his hearing. We showed that he received no prior discipline for similar conduct, that the employer did not have a clear rule prohibiting the alleged conduct, and that in truth there was an ulterior motive for the termination. We prevailed at the hearing, wining unemployment benefits for him.
  
Unemployment Appeal Won
November 9, 2023
Unemployment Appeal Won - Employer Failed to Follow Progressive Discipline:
After receiving a promotion, our client found himself terminated just 4 months later despite receiving no prior discipline. We prevailed at his hearing, showing the Hearing Officer that the employer effectively pulled the rug out from under him, and therefore without just cause. The Hearing Officer agreed and we won the hearing.
  
Unemployment Appeal Won
November 6, 2023
Unemployment Won - Employer Failed to Follow Progressive Discipline:
Even though the employer had a five-step progressive discipline policy, it chose to terminate our client without having imposed any steps of that policy. We showed the hearing officer that no alleged conduct warranted skipping all of the progressive discipline steps and the Hearing Officer agreed there was not just cause for termination. As a result, our client own her unemployment benefits.
  
Unemployment Appeal Won
November 3, 2023
Unemployment Won - No Just Cause to Terminate for Bona Fide Medical Reasons:
The employer terminated our client for absences, but we were able to get the employer to agree that the absences were due to a bona fide medical reason. Absenteeism caused by bona fide illness or injury, reported to an employer, is not just cause for discharge. Schultz v. Herman's Furniture (1976), 52 Ohio App.2d 161 (1976), 52 Ohio App.2d 161. We, therefore, prevailed at the hearing.
  
Unemployment Appeal Won
November 3, 2023
Unemployment Appeal Won:
Our client was terminated allegedly for attendance issues and for performance issues. Through a hearing, we showed that the attendance issues were due to reasons beyond her control. We also showed that, despite the claim of performance issues our client had not received any prior discipline. As a result, we prevailed at the hearing.
  
Unemployment Appeal Won
November 1, 2023
Unemployment Won for "Insubordinate" Employee:
Our client was terminated from her job when she raised concerns about her employment, added job duties and a lack of added compensation. The employer claimed she was "aggressive" and "Insubordinate." Through a hearing we showed that employer considered the mere voicing of concerns as insubordinate and could not point to any refusal to complete any job duties. As a result, we prevailed at the hearing and our client's benefits were approved.
  
Unemployment Appeal Won
October 31, 2023
Unemployment Won Despite PIP:
The employer placed our client on a 90-day Performance Improvement Plan (PIP), and yet only 12 days later terminated him because they claimed they did not feel confident he would be able to meet the requirements of the PIP. The hearing officer agreed with our arguments that this was unreasonable and as a result we prevailed at the hearing for our client. He was approved for benefits.
  
Unemployment Appeal Won
October 26, 2023
Unemployment Won After Resignation:
Our client worked at a facility where the owner and the owner's girlfriend, who also worked there, brought their young children into work on a regular basis. They played like the job site was a playground, riding their bikes around, hitting our client and taking his working material. He complained to the owners but was essentially told they did not care. After his resignation, the employer told him that he would have to beg for his job back from the girlfriend, which he refused. We prevailed at the hearing by showing the working conditions were unreasonable and that he did what he could to try to resolve the issue before resigning. We won his hearing and his benefits for him.
  
Unemployment Appeal Won
October 25, 2023
Unemployment Won After Termination for Drinking:
The owner of the employer would buy his worker's alcoholic drinks at lunch. During a lunch when the owner was not present, our client ordered himself a drink at lunch only to find the employer terminating him. The Hearing Officer agreed with us that the employer did not have a zero tolerance policy, our client was not intoxicated, and the alleged conduct did not warrant termination. As a result, we won the hearing.
  
Unemployment Appeal Won
October 23, 2023
Unemployment Hearing Won:
Our client was terminated due to an allegation that he raised his voice with another employee. He did not use profane language. The other employee did not feel threatened. By showing these facts at a hearing, we prevailed and won benefits for our client.
  
Unemployment Appeal Won
October 19, 2023
Unemployment - No Just Cause to Terminate for Using Company Vehicle:
On our client's way home in a company vehicle, he stopped at another house, as he had always done. The employer decided to terminate him for it. At a hearing, we not only showed that he had always been permitted to do this, but the company had no policy prohibiting this. As a result, we prevailed at the hearing and our client was approved for benefits.
  
Unemployment Appeal Won
October 18, 2023
Unemployment Hearing Won:
To qualify for unemployment benefits, a claimant must have sufficient weeks of employment and sufficient income from that employment during their base period. Our client was denied unemployment, apparently because her employers did not adequately report her income. Through a hearing, we showed that she had sufficient weeks of employment and income, and as a result she won her hearing.
  
Unemployment Appeal Won
October 5, 2023
Unemployment Won - Sufficient Qualifying Weeks:
When employers fail to properly report wages, people find their benefits wrongly denied. It takes care to ensure unemployment receives the correct documentation and information to give credit to the claimant. By taking this care, we showed Unemployment that our client did have sufficient weeks to qualify for benefits and as a result she prevailed with her hearing.
  
Unemployment Appeal Won
September 22, 2023
Unemployment Appeal Won - No Just Cause to Terminate for Attendance:
Although the employer terminated our client for attendance, and he was initially denied unemployment benefits, through a hearing we showed that that the absences were due to a bona fide medical condition. As a result, the Hearing Officer agreed that he was not at fault and we won the hearing and benefits for him.
  
Unemployment Appeal Won
September 21, 2023
Unemployment Hearing Won - Identity Verification:
ODFJS frequently requires documents to verify a person's identity. When the person turns in the documents, they may still be denied without an explanation of what the issue was with the documents. This is what happened to our client. With our experience, we have gained an understanding of exactly what ODJFS requires and common issues that arise. Using this knowledge, we appealed our client's denial, gathered the documents, and prevailed at a hearing so she could receive her benefits.
  
Unemployment Appeal Won
September 12, 2023
Unemployment Appeal Won:
To qualify for unemployment benefits each week, a person must among other things be able to work and available to work. Our client found herself denied benefits because ODJFS determined she was unable to work. We presented her case to a hearing officer and achieved a reversal of that determination, resulting in our client receiving her benefits.
  
Unemployment Appeal Won
September 7, 2023
Unemployment Appeal Won - No Just Cause to Terminate:
Our client's employer unilaterally changed her job expectations and then received different demands from different supervisors. She applied for accommodations, which were granted only to find herself terminated shortly after. We prevailed at her hearing, showing that it was unreasonable to expect her to comply with new guidelines and unclear expectations.
  
Unemployment Appeal Won
September 7, 2023
Unemployment Won - No Just Cause to Terminate for "Poor Attitude":
The employer terminated our client for a "poor attitude" when he refused to sign a corrective action and questioned the employer about a directive, but followed through with the the directive. Though he questioned, he complied, and the Hearing Officer agreed this did not give the employer just cause to terminate.
  
Unemployment Appeal Won
August 31, 2023
Not Just Cause to Terminate for Absences:
Without any prior discipline, our client found himself terminated from his job and his unemployment benefits denied after he called off from work due to the flu. Through a hearing, we showed that the employer lacked just cause to terminate due to a bona fide medical illness. The hearing officer agreed and our client won his hearing.
  
Unemploymnet
August 31, 2023
Unemployment Won - Residents are Not Interns:
Our client worked during her second post-graduate year from medical school as a resident at a hospital. Unemployment excludes from covered employment medical interns. They excluded our client's employment as well and denied her benefits. Through an appeal to the Unemployment Compensation Review Commission, we showed that a resident is not an intern, and her employment was covered. As a result, she prevailed and received her unemployment compensation.
  
Unemployment Appeal Won
August 9, 2023
Unemployment Appeal Won After Termination:
Our client was disciplined for allegedly making an inappropriate comment. She was then disciplined a second time for the same comment. She was then terminated, without given a reason. We demonstrated through a hearing that the employer lacked just cause to terminate and as a result we won the hearing and benefits for our client.
  
Unemployment Appeal Won
August 8, 2023
Unemployment Appeal Won - No Just Cause to Discharge:
Our client made a delivery of produce as instructed. The employer claimed he did not leave teh produce in the cooler and terminated him. He was initially denied unemployment compensation until we represented him through a hearing and demonstrated that he did exactly what he was trained and instructed to do. As a result, we won his hearing for him.
  
Unemployment Appeal Won
August 7, 2023
Unemployment Won After Termination:
An employer forced our client into a new position, and then it terminated her claiming she was not able to meet the requirements of the new position. We prevailed at a hearing, showing the termination was through no fault of our client. As a result, she won her hearing and her benefits.
  
Unemployment Appeal Won
July 27, 2023
Unemployment Appeal Won:
Our client submitted a resignation notice. The employer told her not to come back to work and did not pay her through the resignation notice period. She first found herself denied benefits, but through a hearing we showed the hearing officer that this circumstances must be viewed as though a termination. Agreeing with us, the hearing officer concluded there was not just cause to terminate and our client won her hearing.
  
Unemployment Appeal Won
July 24, 2023
Unemployment Hearing Won:
Our client found himself denied unemployment after his employer raised of multitude of justifications for his termination. Through a hearing, we addressed each of their concerns by showing the employer failed to follow its progressive discipline policy, other justifications were simply a pre-text, and others were not supported by the evidence. As a result, our client won his hearing and his unemployment compensation.
  
Unemployment Appeal Won
July 17, 2023
Unemployment Appeal Won After Harassment:
Our client worked for a cellular store where she was subjected to ongoing sexual harassment by store customers. She attempted to resolve these concerns with the employer with teh employer responding that she should take at least one of the comments as a compliment. She eventually resigned, only to find her unemployment benefits denied. Through a hearing, we showed that she had just cause to resign and that she was entitled to unemployment compensation. The Hearing Officer agreed.
  
Unemployment Appeal Won
June 28, 2023
Unemployment Appeal Won For Client Terminated After Performance Improvement Plan:
Even though the employer attempted to build a paper trail to support its termination of our client, including a performance improvement plan (PIP), we showed the hearing officer that the employer actually lacked evidence to support its written allegations. As a result, we won the hearing and our client was approved for benefits.
  
Unemployment Appeal Won
June 15, 2023
Unemployment Won for Remote Worker:
As is now often the case, our client worked remotely in Ohio for a company located in another state. That company reported his earnings to the other state rather than Ohio and, as a result, Ohio denied his unemployment application. We represented him through a hearing, showing his earnings, and explaining that the law required the employer to report the wages to the state where he actually worked - Ohio. As a result, we won the hearing and he received his benefits.
  
Unemployment Appeal Won
June 12, 2023
Unemployment Appeal Won for Amazon Worker:
After our client was terminated by Amazon for alleged unsatisfactory work performance, he found his unemployment benefits denied. We represented him through a hearing and showed that the employer lacked any reliable evidence to support its allegations. As a result, our client won his hearing and his benefits.
  
Unemployment Appeal Won
June 6, 2023
Unemployment Won for Worker Terminated Without a Reason:
Our client was denied unemployment compensation after the employer terminated him without a reason. Unemployment decisions should be based on reasons given at the time of termination. We were able to show that, because the employer gave no reason at the time of termination, it could not show just cause for the termination. The hearing officer agreed and our client won his hearing and benefits.
  
Unemployment Appeal Won
June 6, 2023
Unemployment Won After Termination:
Although our client's unemployment application was initially denied because the employer claimed it had reasons to terminate the employment, through a hearing we showed that it lacked sufficient evidence to support its decision to terminate. As a result, our client won his unemployment hearing and compensation.
  
Unemployment Appeal Won
June 2, 2023
Unemployment Appeal Won - Despite Fraud Allegation:
Our client found his unemployment benefits denied several months after receiving them because ODJFS claimed he engaged in fraud. Through a hearing, we showed the Hearing Officer that our client was rightly due his benefits. He won his hearing and benefits as a result.
  
Unemployment Appeal Won
June 2, 2023
Unemployment Won For Client Who Refused to Sign PIP:
The employer attempted to issue a Performance Improvement Plan to our client. She refused to sign it explaining she did not agree with it. The employer terminated her for refusing to sign it. Through a hearing, we showed the employer lacked just cause for the termination and our client was approved for benefits.
  
Unemployment Appeal Won
May 22, 2023
Unemployment Appeal Won After Resignation Due to Dog Bite:
Our client was bitten at work by the owner's dog. The owner refused to ensure the dog would no longer come to the job, so our client resigned. We prevailed with her unemployment hearing, showing that she had just cause to resign.
  
Unemployment Appeal Won
May 19, 2023
Unemployment Appeal Won - Employer's Claim of Resignation Discredited:
After being terminated from her job, our client found her employer challenging her unemployment benefits by claiming she had instead resigned. Through a hearing, we first persuaded the hearing officer that our client's testimony of a termination was more credible. We then showed that, even if the employer's testimony was true - that our client provided a two week notice and then they told her not to come back in to work - it was still a termination. "If the 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." After first arguing that our client resigned, the employer then changed its story to argue that it had just cause to terminate. The Hearing Officer rejected this claim as well. We won the hearing and the unemployment benefits for our client.
  
Unemployment Appeal Won
May 5, 2023
Unemployment Appeal Won After Termination Without Just Cause:
Our client reported off from work due to a bona fide medical condition. The employer, however, terminated her because she reported off by text message. The Hearing Officer agreed with us that this did not provide just cause to terminate. We won the unemploymetn benefits for our client as a result.
  
Unemployment Appeal Won
May 3, 2023
Telecommuting Employee Wins Unemployment:
Our client worked from home for about seven years, only to find her employment terminated and her unemployment benefits denied because the employer claimed she printed sensitive information at home. We prevailed at a hearing by showing she did her job just as she was trained to and, therefore, if the employer wanted to change the application of its policies it needed to do so by providing notice rather than an immediate termination. As a result, she was approved for her benefits.
  
Unemployment Appeal Won
April 27, 2023
Unemployment Won - No Just Cause to Terminate
Our client had received prior discipline when she was terminated for problems during the sale of an item at the store. We proceeded through a hearing and showed that the problems with the sale were due to the fault of another employee. As a result, there was no just cause to terminate our client. She won her hearing!
  
Unemployment Appeal Won
April 25, 2023
Unemployment Appeal Won After Termination for Customer Complaint:
Our client made a comment to a co-worker, which a customer believed was directed toward her. As a result, she filed a complaint with the employer and our client was terminated. Through a hearing, we brought to light the misunderstanding. The Hearing Officer understood and we prevailed. Our client won his benefits.
  
Unemployment Appeal Won
April 25, 2023
Unemployment Appeals Won:
To qualify for unemployment benefits each week, a claimant must among other things be able to work, available to work and actively seeking work. ODJFS denied months of benefits to our client, claiming he was not able to work. We appealed, we prevailed and our client's benefit payments were released to him.
  
Unemployment Appeal Won
April 17, 2023
Unemployment Hearing Won - No Just Cause to Terminate:
Our client was terminated due to allegedly failing to meet performance expectations. However, through a hearing we showed that any prior discipline had deactivated, that she did not receive adequate instructions, and their her job duties had changed since she accepted the position. She won her hearing and her benefits.
  
Unemployment Appeal Won
April 13, 2023
Unemployment Won After Termination:
Our client was working remotely, his work computer stopped working, and he emailed himself customer information so he could continue to do his job and make calls. The employer terminated him, claiming he did not protect the customer's information. Through a telephone hearing, we showed that the employer lacked just cause to terminate. As a result, his benefits were approved.
  
Unemployment Appeal Won
April 5, 2023
Unemployment ID Issue Appeal Won:
Many people find their benefits denied due to claims they did not verify their identity. To prevail with such appeals, it is important to ensure that the appeal is filed timely, that all required documentation is submitted, and that the documentation is legible. By ensuring our client's documentation met all of these requirements, we won his unemployment appeal and his benefits were paid.
  
Unemployment Appeal Won
April 3, 2023
Unemployment Won - No Just Cause to Terminate:
Our client was hired to work at a cable company. During training, the trainer brought up a family member’s account. Our client then allegedly brought up a family member's account only to find himself terminated as a result. He was also denied unemployment benefits until we represented him through a hearing and showed the Hearing Officer that the employer not only trained him that it was okay to do so, but it lacked a policy that mandated termination for such conduct. As a result, he was rightfully awarded his unemployment benefits.
  
Unemployment Appeal Won
March 16, 2023
Unemployment Appeal Won - No Just Cause for Discharge:
Our client found herself terminated from her job and denied unemployment benefits because the employer claimed it had just cause to terminate her employment. We presented facts to show she was actually terminated for the mistakes of a co-worker and, as a result, we prevailed with our unemployment appeal.
  
Unemployment Appeal Won
March 14, 2023
Unemployment Won - Employer Filed Appeal Late:
Our client found his unemployment benefits challenged by his employer at each appeal step. Once a hearing was reached, we researched his file thoroughly and showed the Hearing Officer that the employer's appeal was filed late. The Hearing Officer agreed, rejected the appeal, and as a result our client was approved for his benefits.
  
Unemployment Appeal Won
March 10, 2023
Unemployment Won for Employee Absent Due to Spouse's Illness:
Our client's husband was diagnosed with a life threatening medical condition. On her last day of employment, he required an emergency trip to the hospital. However, our client then found herself terminated and her employer fighting her unemployment benefits. Through a hearing, we showed that her absences were due to circumstances beyond her control, that she was not at fault and that she was eligible for benefits. The Hearing Officer agreed and approved her benefits.
  
Unemployment Appeal Won
February 23, 2023
Unemployment Approved After Altercation:
After an alleged altercation at work, the employer terminated our client and he was denied unemployment compensation. Through a hearing, we showed the hearing officer that the allegations of an altercation were overblown and lacked credibility. The Hearing Officer agreed that the employer lacked reliable, probative and substantial evidence to corroborate their allegations. As a result, our client won his hearing and his benefits.
  
Unemployment Appeal Won
February 15, 2023
Unemployment Fraud Appeal Won:
So many people are receive denials of their unemployment and fraud determinations because Unemployment is requiring a variety of identity documents. Typically, one needs to provide a copy of a photo ID, a second photo ID or a picture of them holding the first photo ID, a birth certificate, social security card, bank statement or voided check from the bank where their benefits are paid, and if they have married and changed their last name then their marriage certificate too. The social security card should be signed and the bank statement should show the person's name and account numbers. Unfortunately, when Unemployment rejects the documents, they often do not explain why. Because we know what they are looking for, we are frequently able to clear up these issues as we did in a case for which we receive another win for our client today.
  
Unemployment Appeal Won
February 8, 2023
Unemployment Appeal Won - No Just Cause to Discharge for Absences Due to Medical Reasons:
Our client received a warning and then a termination due to absences. We showed that most if not all of the absences were due to personal illness or injury. As a result, the Hearing Officer agreed that she was not at fault for the absences and her benefits were approved.
  
Unemployment Appeal Won
February 3, 2023
Unemployment Appeal Won - No Just Cause to Terminate:
Our client had a medical appointment during which she received received injections to her neck and an excuse to be off the rest of the day. She immediately reported this to her employer only to find out that she was terminated for "shirking her job responsibilities." Through a hearing, we showed the Hearing Officer that she was not at fault for being absent due to a bona fide medical issue. Further, she properly called off from her shift when she was given the doctor's note. As a result, she won her hearing and her benefits were approved.
  
Unemployment Appeal Won
February 3, 2023
Ohio PUA Appeal Approved:
More than a year after our client received PUA benefits, he received a denial and fraud allegation. ODFJS demanded all of his payments be repaid. Through an appeal, we obtained a win eliminating the overpayment balance.
  
Unemployment Appeal Won
January 31, 2023
Unemployment Appeal Won After Termination:
Our client obtained a job while receiving unemployment. After only 2 1/2 days at the new job, he was terminated and then denied unemployment. The employer claimed that he failed to meet performance expectations. Through a hearing, we showed the hearing officer that he performed the tasks that were asked of him, that the expectations were not made clear at time of hire, and that it was not reasonable to expect him to meet all performance expectations after only 2 1/2 days. As a result, his benefits were approved.
  
Unemployment Appeal Won
January 27, 2023
Unemployment Hearing Won for CDL Driver:
Out client worked as a truck driver with a commercial driver's license. He experienced a medical issue after which his employer pulled him from working and placed him on unpaid FMLA. Our client was able to work, but just not able to work that job. He applied for unemployment and received a denial for being on a leave from his employer. We prevailed at a hearing, showing that (a) an employee can receive benefits during an involuntary leave and (b) he was otherwise able to work. As a result, he received his unemployment benefits.
  
Unemployment Appeal Won
January 26, 2023
Unemployment Appeal Won:
Our client was employed pursuant to a one-year employment contract. The employer informed our client that they would not renew the contract and our client provided a resignation notice with the resignation being the last day of the contract. The employer argued that he should not qualify for benefits; however, the Hearing Officer agreed that neither the fact that the contract was temporary nor that a resignation notice was tendered for the last day of the contract eliminated eligibility. As a result, we won the hearing.
  
Unemployment Appeal Won
January 12, 2023
Unemployment Appeal Won:
Our client accepted a job offer and then, after only a week of work, was let go. The employer claimed his computer skills were not where they needed to be. ODJFS denied benefits, claiming our client resigned without just cause. Through a hearing we showed that he was terminated and that the termination was without just cause because there was inadequate training and no warnings regarding his job performance.
  
Unemployment Appeal Won
January 11, 2023
Unemployment Appeal Won:
Our client was terminated for failing to meet performance expectations. Through a hearing, we showed that the sixty-days the employer allowed our client to meet expectations was unreasonable given the lack of guidance, training and follow-up provided to our client. As a result, we won the hearing and his benefits.
  
Unemployment Appeal Won
January 11, 2023
Fraud Unemployment Appeal Won:
Like many people, our client received a denial of his unemployment benefits with a claim that he had committed fraud. We investigated his case and discovered that this was related to identity documentation. ODJFS requires (a) a photo id; (b) a second photo id or a selfie of the person holding the first photo id; (c) birth certificate; (d) social security card; (e) a copy of a voided check or bank statement from the bank to which benefits were sent; and (f) if the person no longer has their maiden name - a copy of their marriage certificate. We helped our client to gather and submit this documentation, prepared him for the hearing, and helped him make his case to the hearing officer. As a result he won his hearing and his benefits.
  
Unemployment Appeal Won
December 30, 2022
No Just Cause to Terminate When Performance Issues Were Due to Medical Condition:
Our client was experiencing health concerns that ultimately led to her requesting FMLA. When she returned from FMLA, she was forced to sign a resignation or be terminated. The employer claimed that there were performance issues prior to her FMLA. We showed the hearing officer that these issues were due to her health concerns, which were beyond her control. As a result, we won the hearing and she was approved for benefits.
  
Unemployment Appeal Won
December 29, 2022
Unemployment Won - No Just Cause to Terminate:
Although an employer alleged several issues of misconduct by our client; by researching the case thoroughly and preparing our client for the hearing, we presented credible testimony and evidence to dispute those allegations. As a result, we won the hearing and our client received her unemployment benefits.
  
Unemployment Appeal Won
December 28, 2022
No Just Cause to Terminate for HIPAA Violation:
Our client was terminated for allegedly sharing personally identifiable information of a client of her employer. As a result, ODJFS denied her unemployment compensation. Through a hearing, we showed that the information they alleged she shared was not protected information. As a result, the Hearing Officer ruled in our favor approving benefits for a termination without just cause.
  
Unemployment Appeal Won
December 19, 2022
Unemployment Appeal Won Against Amazon:
Our client had a medical condition that affected her ability to meet certain quotas at her employer. She notified her employer of this concern and requested accommodations. The employer failed to provide the needed accommodations and then terminated her for failing to meet the quotas. Through a hearing, we showed that the termination was the result of a medical condition rather than through any fault of her. The decision came back in her favor and she was approved for benefits.
  
Unemployment Appeal Won
December 7, 2022
Unemployment Won After Unjust Termination:
An employer accused our client of violating a rule. During that meeting, our client became upset and said, "Why don't you just fire me." The employer then fired her for making that comment. The Hearing Officer agreed that such a comment did not justify a termination. The Hearing Officer ruled in our favor and approved our client for benefits.
  
Unemployment Appeal Won
December 7, 2022
Unemployment Hearing Won - No Just Cause to Terminate:
An employer terminated our client for a customer complaint and claimed it had just cause to do so because she had received a prior disciplinary warning. Through a hearing, we showed that the employer lacked evidence to support the allegations of the complaint and that it skipped steps of its progressive discipline police. The Hearing Officer agreed, awarding our client her unemployment compensation.
  
Unemployment Appeal Won
December 6, 2022
Unemployment Won - Sufficient Earnings Proven:
Our client found her unemployment benefits denied because her employer did not properly report her wages to ODJFS. Through a hearing, we showed she met and exceeded the weekly earnings requirement to receive unemployment compensation. As a result, we prevailed at the hearing and her benefits were approved.
  
Unemployment Appeal Won
November 28, 2022
Unemployment Won - No Just Cause to Terminate:
After being terminated from her job and denied unemployment compensation, our client called us for help. Through appealing the denial and representing her through a telephone hearing, we showed that (a) she had no prior discipline warnings and (b) the alleged misconduct did not warrant termination. In fact, she had acted just as she was trained to act. As a result, she prevailed at her hearing.
  
Unemployment Appeal Won
November 23, 2022
Unemployment Hearing Won:
Our client worked for a temp agency where she was assigned to work that she could not physically perform due to medical conditions. She was asked to be reassigned, the temp agency agreed, but it did not offer her any future work. ODJFS denied her benefits, reasoning that she quit without just cause. We prevailed at a hearing by showing her employment came to an end due to a lack of work because the temp agency did not have any other assignments for her.
  
Unemployment Appeal Won
November 17, 2022
Fraud Unemployment Appeal Won:
ODJFS claimed our client committed fraud in not correctly reporting earnings while receiving benefits. We prevailed at a hearing, convincing a hearing officer that she did in fact correctly report wages. As a result, overpayments and fraud penalties were eliminated.
  
Unemployment Appeal Won
November 17, 2022
PUA Unemployment Hearing Won:
Months after receiving benefits, our client found ODJFS denying his benefits and demanding repayment because they claimed he did not provide sufficient identity verification. We showed the hearing officer that he had provided the identity documentation and as a result the overpayment was eliminated.
  
Unemployment Appeal Won
November 9, 2022
PUA Benefits Approved:
ODJFS claimed our client was overpaid benefits because he did not provide sufficient employment verification. We prevailed at a hearing, overturning ODJFS's decision, and eliminating the overpayment they demanded.
  
Unemployment Appeal Won
November 9, 2022
Unemployment Hearing Won:
After finding herself terminated from her employment and denied unemployment benefits, our client sought our representation. We prevailed at a hearing by showing that the employer lacked evidence of any misconduct and that, even if it did have evidence, it failed to follow its own progressive discipline steps. As a result, we prevailed at the hearing and our client received her benefits.
  
Unemployment Appeal Won
November 3, 2022
Unemployment Approved After Performance Evaluation:
Our client found herself terminated after receiving an evaluation that said she did not complete work timely and did not prioritize work well. However; through a telephone hearing, we showed that the employer lacked any evidence or examples of this alleged poor performance. As a result, the Hearing Officer agreed that the termination was without just cause and her benefits were approved.
  
Unemployment Appeal Won
October 31, 2022
Unemployment Won After Termination for Complaints:
Our client found his benefits denied after his employer terminated him due to customer complaints. Through a hearing, we showed that the employer lacked sufficient evidence of misconduct. As a result, we won the hearing and our client received his benefits.
  
Unemployment Appeal Won
October 27, 2022
Unemployment Won After Employer Fails to Report Income:
To qualify for unemployment, one must have sufficient weeks of employment and earnings during their base period. Sometimes employers fail to properly report income, which then leads to ODJFS denying benefits. This happened to our client; however, through a hearing we showed that she had more than enough weeks of employment and income to qualify. As a result, she won her hearing.
  
Unemployment Appeal Won
October 20, 2022
No Just Cause to Terminate After Resignation:
Our client, pursuant to her employment contract, provided a sixty-day resignation notice. The employer told her not to come back to work and did not pay her for the sixty days. By the time we reached an unemployment hearing, it attempted to fabricate alternative reasons for the resignation. However, we showed the hearing officer that the termination was a result of the resignation. The hearing officer agreed with us that, "If the 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." The Hearing Officer also agreed that there was no just cause for the termination and, as a result, our client's benefits were approved.
  
Unemployment Appeal Won
October 11, 2022
Unemployment Won for Temporary Employee:
Our client was hired under a six month contract that was not renewed. The employer challenged his unemployment benefits, claiming that his contract simply came to an end. We showed the hearing officer that this is a qualifying reason for benefits and as a result won the hearing for our client.
  
Unemployment Appeal Won
September 30, 2022
Employee Terminated During Probation Wins Unemployment:
Although our client was terminated during her probationary period, the employer was still required to show just cause to terminate to deny her benefits. We showed the hearing officer that the employer lacked just cause, lacked evidence of misconduct, and lacked evidence of prior warnings. As a result, our client won her hearing and her benefits.
  
Unemployment Appeal Won
September 30, 2022
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"Professional, upfront, knowledgeable, made the whole appeals process way less stressful, made me feel comfortable at the hearing, and won my appeal! Highly recommend using!"
Josh

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"Brian is a very good attorney and I am very happy with the way that he handled my unemployment case. He is very professional and informative and easy to talk to and he explains concerns very well. I would recommend him to anyone. He is very thorough and made me feel very confident with him handling my case. Thank you very much for your hard work in my case."
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"Thank you Brian for representing me with my unemployment case. I was over whelmed and devastated at the loss of my job after 27 years of employment. You was my rock that helped me through this nightmare, I couldn't have done it without you. You are very professional and easy to talk to, I appreciate all you did for me."
Sandra

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

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

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

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"Brian is very responsive and very thorough. I was very nervous throughout the process, and he made me feel relaxed and confident. I would highly recommend Brian to all my friends and family because I am confident he will not let them down, he is very trustworthy and personable. Thanks so much Brian for your professionalism and you eagerness to go the extra mile. You are an excellent attorney."
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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!"
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"I was extremely happy working Brian & John on my case.  They were very thorough & easy to talk with.  I would highly recommend them to anyone!"
Debra

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

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"Brian and his colleague John were incredibly helpful and supportive. Not only did they make me feel secure, I felt represented and heard. I won my case with their help and hard work! I highly recommend them for anyone who is having to fight their employer for unemployment. I can not thank them enough!"  
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"Brian Smith is the best! He handled my claim in a most timely manner an professional manner. Could not have done this by myself. Bravo!!!"
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"I would absolutely recommend Law Offices of Brian J. Smith, ltd. Brian and John worked with my (juvenile) son and I on a very challenging case. The case even went to the Supreme Court. . . We wouldn’t have WON without their experience and dedication. They were very professional, considerate and understanding especially when things became overwhelming for us. We couldn’t be more thankful for their services."
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Out-of-Office Notice - through August 3, 2023

While we typically encourage and provide free consultations every day, Mr. Smith will be unavailable to provide consultations until August 4, 2023. He will be available for free consultations after that time.

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