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.
Ads Alliance Data Systems, Inc.
Advanced Industrial Services, LLC
Advantage Sales & Marketing LLC
Ag Bells 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
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.
Ashland City Board of Education
Ashtabula County
Ashtabula County Medical Center
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
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.
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
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 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
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.
F&W Properties, 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 Data Co., Inc.
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
Human Technologies
Humphrey Line
Hydrosol Systems, Inc.
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.
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.
Lake PHO, Inc.
Lakes Venture, LLC
Lakeside April 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
Lorain County
Lowe's Home Centers, Inc
Lucas County.
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
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
Pathway Employment Services, LLC
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
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.
Quintiles Commercial Us, Inc.
Radiant Technology Group, Inc.
Rail Link Inc
Rail Loading Services, 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.
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
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.
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.
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
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
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 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
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
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
PUA Unemployment Appeal Won:
Our client was approved for and paid PUA benefits, only to find months later that the PUA system denied her claim and demanded her benefits repaid because it believed she did not have a connection with the Ohio workforce. Through a hearing, we showed that while she did have connections with more than one state, her primary state was Ohio. As a result, she won her hearing and the overpayment was eliminated.
  
Unemployment Appeal Won
September 27, 2022
PUA Unemployment Benefits Won:
After being denied benefits years after receiving them because the PUA system claimed our client did not provide sufficient proof of employment, we obtained a decision in her favor through a telephone hearing.
  
Unemployment Appeal Won
September 23, 2022
PUA Unemployment Benefits Won:
Our client found the PUA system demanding repayment of his benefits because it claimed that he was not unemployed due to a pandemic related reason. We prevailed at a hearing, securing his benefits.
  
Unemployment Appeal Won
September 21, 2022
Unemployment Appeal Won - No Just Cause to Terminate:
Our client found her employer appealing her unemployment benefits after terminating her. We showed that, not only did the employer fail to follow their progressive discipline policy, but it actually terminated her for refusing to sign discipline paperwork. The hearing officer agreed that this was not just cause. As a result, our client won her hearing.
  
Unemployment Appeal Won
September 19, 2022
PUA Unemployment Appeal Won:
PUA denied benefits to our client, claiming he did not provide sufficient employment verification. Through a hearing, we obtained a decision in his favor eliminating the overpayment claimed by the PUA.
  
Unemployment Appeal Won
September 15, 2022
Fraud Unemployment Appeal Won:
ODJFS seems to have been sending out many fraud notices. Our client received such a notice; however, through a hearing we eliminated the fraud finding and ODJFS"s claims for overpayments.
  
Unemployment Appeal Won
September 6, 2022
Fraud Unemployment Appeal Won:
Our client found her unemployment claim denied with accusations of fraud. Through investigating the matter and submitting evidence to the hearing officer, we prevailed at eliminating the fraud allegation and all claims that she had been overpaid.
  
Unemployment Appeal Won
August 25, 2022
Unemployment Fraud Appeal Won:
Our client found themselves facing demands from ODJFS to pay back their benefits along with penalties for alleged fraud. We prevailed at the hearing, showing our client was entitled to the benefits.
  
Unemployment Appeal Won
August 24, 2022
Unemployment Appeal Won After Refusing an Offer of Work:
Our client worked as printer 40 years before becoming unemployment. While collecting unemployment, he explored a job opportunity at a restaurant; however, he turned down the job offer because it was outside of his career path and the compensation was significantly less than he previously received. Unemployment denied his benefits at that point for turning down the offer. We prevailed at a hearing, demonstrating that he had good cause to turn down the offer.
  
Unemployment Appeal Won
August 18, 2022
Unemployment Appeal Won After Termination:
Our client worked for her employer for nearing 8 years without discipline. She was then placed on a performance improvement plan. She was told she was improving, but was then terminated. We showed the hearing officer that the employer lacked any specifics or evidence of performance issues after being put on the performance improvement plan. As a result, the Hearing Officer agreed and held that the termination was without just cause.
  
Unemployment Appeal Won
August 18, 2022
Unemployment Appeal Won:
Our client was terminated for failing to meet performance expectations. To establish just cause in such circumstances, an employer must show: (1) the employee does not perform the required work; (2) the employer made known its expectations of the employee at the time of hiring; (3) the expectations were reasonable, and; (4) the requirements of the job did not change since the date of the original hiring for that particular position. During a hearing, we showed that the expectations were not reasonable and had changed during her employment. As a result, we prevailed at the hearing and her benefits were approved.
  
Unemployment Appeal Won
August 16, 2022
Employee Accused of Falsification Wins Unemployment Hearing:
When our client was hired, she was told that if she had a misdemeanor conviction within the past seven years, she would not be hired. On her hire material, she was asked whether she did have such a conviction. She answered No because, although she did have a conviction, it was well beyond the seven years. She was terminated for falsification. The Hearing Officer agreed, however, that because it was beyond the lookback period it was not falsification. As a result, the employer did not have just cause to terminate and benefits were approved.
  
Unemployment Appeal Won
August 15, 2022
Unemployment Appeal Won - Employee Had Just Cause to Turn Down Offer of Work:
Our client worked as a Human Resource Director until her employer let her go from that position and offered her a dietary aid position instead. She turned town that position because it was significantly different from the position she was hired for and because she did not believe she could meet the physical demands of the job. She found her benefits denied; however, until we prevailed at a hearing. The hearing officer agreed that she had just cause to turn down the offer of work because it was in a position that differed significantly from the position she was hired for.
  
Unemployment Appeal Won
August 10, 2022
Unemployment Approved For Employee Who Resigned Due to Medical Issues:
Our client had a medical condition, of which the employer was aware, that limited her ability to perform certain physical duties. This was not a problem for the job she was hired into, but the employer insisted on changing her work duties and requiring her to perform physical work. As a result, she had no choice but to resign. While she was originally denied benefits, we were obtain a win for her at the telephone hearing.
  
Unemployment Appeal Won
July 26, 2022
Unemployment Appeal Won - Employer Failed to Follow Progressive Discipline:
Our client received a warning that stated that if he had another occurrence he would receive a final warning. Then the employer terminated him without the final warning. The hearing officer agreed with us that this skip in progressive discipline steps violated just cause and our client was approved for benefits.
  
Unemployment Appeal Won
July 22, 2022
Unemployment Hearing Won:
When a person is receiving unemployment and has a week of earnings followed by a week of no earnings, they must restart their claim else they will find their benefits after that date denied. That is what happened to our client. However, through a hearing we showed why she had earnings the one week and not the following week and, as a result, the hearing officer granted her appeal.
  
Unemployment Appeal Won
July 18, 2022
Fraud Unemployment Appeal Won:
Like many, our client found herself accused of fraud by ODJFS, with the agency demanding all of per benefits be repaid with penalties. We investigated the matter and worked with ODJFS, supplying needed documentation to disprove the fraud allegation. As a result, our client's appeal was granted and the overpayment removed.
  
Unemployment Appeal Won
July 14, 2022
PUA Fraud Appeal Won:
Like many people who received Pandemic Unemployment Assistance (PUA); our client found his benefits denied with a fraud determination. The PUA wanted all of his benefits back along with penalties. We investigated, collected documentation and appealed for him. As a result, the determinations were reversed and nullified. In the end, the fraud determination was eliminated and he did not owe any overpayment.
  
Unemployment Appeal Won
June 30, 2022
Unemployment Appeal Won for School Employee:
Our client worked as a school employee, contracted to provider dance lessons. At the end of her contract and employment, she filed for benefits. The school objected, claiming she had a reasonable assurance of employment in fall and was therefore not eligible for benefits. We showed the hearing officer that this was not the case and, as a result, obtained a win for our client.
  
Unemployment Appeal Won
June 24, 2022
Unemployment Won After Employee Terminated for Giving the Finger:
Our client worked at a bank where, due to an issue with the vault, she was forced with no notice to stay after work until security arrived. After two-and-a-half hours with no one from security arriving, she allegedly made a gesture to a security camera facing her. She then found herself terminated. The hearing officer agreed that, even if inappropriate, the gesture in those circumstances did not warrant discharge without any prior warnings. As a result, her unemployment benefits were approved.
  
Unemployment Appeal Won
June 22, 2022
Unemployment Appeal Won for Student:
To qualify for weekly unemployment benefits, a person must be available for work. If the start to attend school after separating from their job, ODJFS will determine that they are no longer available for work due to school. Our client, however, attended school while he was working at base period employers. As a result, we showed the hearing officer that for this reason he should continue to be considered available. The hearing officer agreed and we won the hearing.
  
Unemployment Appeal Won
June 16, 2022
PUA Fraud Appeal Won:
After receiving her pandemic unemployment benefits, our client found the PUA system claiming show owed all of her benefits back along with a fraud penalty. We appealed these determinations and quickly obtained decision in her favor - eliminating the overpayment and fraud determinations.
  
Unemployment Appeal Won
June 15, 2022
Unemployment Won - Identity Issue Resolved:
Like many people, our client found his unemployment benefits denied due to a claim that he did not provide sufficient identity information. We represented him through a telephone hearing and won his unemployment benefits for him.
  
Unemployment Appeal Won
June 14, 2022
Unemployment Won for Employee Medically Unable to Work:
Our client was terminated when he was unable to work due to a medical issue. He found his unemployment benefits in jeopardy for being terminated with just cause and being unable to work. We showed that a termination due to being unable to work due to a bona fide medical issue is a termination without just cause. We further showed that our client received a release to work, though with restrictions, some weeks after. Therefore, he won his hearing by showing the termination was without just cause and that he was able to work.
  
Unemployment Appeal Won
June 14, 2022
Unemployment Appeal Won - No Just Cause to Terminate:
Our client found her employer challenging her unemployment benefits. They claimed that they terminated her with just cause for failing to follow policies, failing to properly supervise subordinates, and failing to cooperate with an investigation. We showed the hearing officer that the employer lacked proof of every allegation it made and, as a result, the hearing officer concluded there was no just cause for termination. Our client's benefits were approved.
  
Unemployment Appeal Won
June 10, 2022
Unemployment Won for Head Start Employee:
As a general rule, education employees do not receive unemployment compensation through the summer months if they have a reasonable assurance of employment in fall, though they may qualify if they have sufficient non-school employment. Our client worked at a head start program and found herself denied benefits because there was a claim that she had a reasonable assurance. However, we showed the hearing officer that head start programs are considered education employment only when the program is operated by a local board of education and staffed by employees of the board of education. Our client's head start program was operated by a non-profit organization, and as a result we obtained a decision approving her benefits.
  
Unemployment Appeal Won
June 9, 2022
PUA Fraud Appeal Won:
Our client, like many, received a fraud determination from the Ohio PUA system demanding repayment of all benefits and assessing penalties. Through timely filing an appeal with required documentation, we obtained a decision eliminating the fraud finding, eliminating all penalties, and eliminating all overpayment demands.
  
Unemployment Appeal Won
June 7, 2022
PUA Unemployment Benefits Won:
After receiving her pandemic unemployment benefits, our client found herself denied with the PUA claiming that she was overpaid because she did not provide proof of employment or self-employment, or the planned commencement of employment. We helped our client to prepare for the hearing, submitting additional documentation, and we convinced the hearing officer that she had provided the needed documentation. As a result, she won the hearing, was approved for benefits, and had the overpayment eliminated.
  
Unemployment Appeal Won
June 6, 2022
Terminated Claimant Wins Unemployment:
After being approved for a temporary leave, our client returned to find her items had been boxed and a new employee in her position. She contacted HR who told her that she could apply for other positions. When she then applied for unemployment benefits, she found herself denied with the employer claiming she resigned. We showed ODJFS the facts and the law and, as a result, an appeal was granted in her favor approving benefits.
  
Unemployment Appeal Won
May 31, 2022
Unemployment Appeal Won for Pregnant Claimaint:
Our client received unemployment benefits only to find months later that ODJFS claimed show owed back months of her benefits due to being unable/unavailable for work. We researched the issue and found that ODJFS based this upon our client having given birth during her claims. However, she was only unable to work for two weeks after, which we confirmed with her medical provider. Through a hearing, we obtained a win - with the hearing officer concluding that she was only unable to work during two weeks and waiving any overpayment for those two weeks.
  
Unemployment Appeal Won
May 23, 2022
Unemployment Appeal Won - Medical Restrictions:
When a person is separated from a job because they have a bona fide medical condition that prevents them from working that job, it is a qualifying separation. However, to qualify for benefits every week, a person must be able to perform work. Our client was denied benefits because ODJFS determined that she was not able to work. We showed that, while she was not able to work the job she was separated from, she was able to work other jobs. As a result, we won her appeal for her.
  
Unemployment Appeal Won
May 12, 2022
Unemployment Approved for Employee Terminated for Having a Chair to Sit in:
Our client was terminated because he had a chair to sit in during his breaks and lunches. Through a hearing, we showed that employer lacked any evidence that he was using the chair instead of working, but was rather using the chair only during his breaks. As a result, the Hearing Officer found in his favor.
  
Unemployment Appeal Won
May 11, 2022
Unemployment Appeal Won - No Just Cause for Termination:
Our client found her employer fighting and appealing her unemployment, claiming they had just cause to terminated her for mistakes done at work. We prevailed at a hearing, showing the hearing officer that the mistakes were minor and the employer failed to follow its progressive discipline policy.
  
Unemployment Appeal Won
May 9, 2022
PUA (Pandemic Unemployment Assistance) Appeal Won:
PUA benefits were determined based upon 2019 income. Our client was initially approved for $480 per week and then they changed it to $189 and then back to $480 and then back to $189. Through a hearing, we showed that he was actually eligible for $582 per week. As a result, not only was his overpayment eliminated, but the PUA now must issue him a backpayment.
  
Unemployment Appeal Won
April 29, 2022
Unemployment Appeal Won - Employer Failed to Follow Progressive Discipline Policy:
Our client's employer had a progressive discipline policy that it chose to deviate from when terminating her. Through a hearing, we showed the hearing officer this and that the employer lacked just cause to terminate. The hearing officer agreed, granted our appeal, and approved benefits.
  
Unemployment Appeal Won
April 27, 2022
Unemployment Appeal Won After Resignation:
Our client worked for a company that failed on repeated occassions to pay him properly so he resigned. The company asked to hire him back, explaining that it would be under new ownership. When he returned he found that the company was not under new ownership and it continued to make errors on his paycheck. The Hearing Officer agreed with us, "that a reasonable person under Ohio law would quit when they discovered that the Company had lied about ownership, continued a pattern of inaccurately paying hours worked, and had not paid them holiday pay to which they were entitled." As a result, we won his appeal and he was approved for benefits.
  
Unemployment Appeal Won
April 11, 2022
Unemployment Appeal Won - Employee Laid Off from School:
Despite being laid off from his job at a school due to cutback and funding issues, our client found himself denied unemployment benefits. We showed the hearing officer that he was eligible and obtained a decision in his favor.
  
Unemployment Appeal Won
April 8, 2022
Unemployment Appeal Won - Available for Work:
To qualify for unemployment benefits each week claims, a person must meet certain criteria such as being able and available for work. Our client found himself denied for several weeks because ODJFS determined that he was not available for work. Through a hearing, we showed that he was able and available for work. As a result, the overpayment was eliminated and was able to keep his benefits.
  
Unemployment Appeal Won
April 5, 2022
Unemployment Hearing Won:
Our client was terminated because the employer, without warning, accused her of using an employee discount code for purchasing items for her fiance. Through a hearing, we showed that (a) the employer provided no prior warnings; (b) its rules were laxly enforced; and (c) it lacked evidence to prove that the items were not for her own use, and therefore legitimate use of her discount code. We won her hearing and her benefits were approved.
  
Unemployment Appeal Won
April 1, 2022
PUA Unemployment Appeal Won
After filing for regular unemployment benefits, our client applied for PUA benefits and was approved. Several months later she was denied by a notice stating that she would be in the regular unemployment system. Through a hearing, we showed that she was properly in the PUA system and the overpayment the PUA system was asking for was eliminated as a result.
  
Unemployment Appeal Won
March 30, 2022
Unemployment Approved After Termination:
After our client was terminated, he found his employer fighting his unemployment by throwing a laundry list of allegations against him. Through extensive research and representation at his hearing, we fought against every allegation and won his unemployment.
  
Unemployment Appeal Won
March 22, 2022
Unemployment Appeal Won After Termination for Argument:
Our client had an argument with a co-worker, though there was no threatening or harassing behavior. However, he still found himself terminated and subsequently denied unemployment compensation. We showed the hearing officer that the argument did not warrant termination and as a result won his hearing for him.
  
Unemployment Appeal Won
March 10, 2022
PUA Unemployment Appeal Won / Employment Verification:
After receiving PUA unemployment benefits for months, our client found the PUA system demanding repayment for failing to provide sufficient employment verification. Through a hearing, we showed that the employment verification was sufficient and the hearing officer agreed, eliminating the overpayment.
  
Unemployment Appeal Won
March 3, 2022
PUA Unemployment Won / Conflict of States:
Our client found her PUA unemployment denied because Ohio believed she had made a claim in another state. We showed the hearing officer that the other state's claim was denied, and as a result we obtained a decision approving her for her PUA benefits.
  
Unemployment Appeal Won
March 3, 2022
Unemployment Approved After Termination For Telling Supervisor to "Be a man about it."
During a conversation about our client being absent from work due to COVID, the topic turned to discussions about racist comments being made by other employees. The supervisor became irate when our client expressed his concern that management was not taking these comments seriously and then, after our client told his supervisor to, "be a man about it," he found himself fired. Through a hearing we showed the reasons for our client's concerns and that his comment to his supervisor did not warrant termination. The hearing officer agreed, approving his benefits.
  
Unemployment Appeal Won
March 2, 2022
Unemployment Benefits Won - Identity Verification:
When our client found her unemployment benefits denied because ODJFS said she did not provide sufficient identity verification, she contacted us for help. We represented her through a hearing and obtained a win for her.
  
Unemployment Appeal Won
February 17, 2022
Unemployment Appeal Won - ODJFS as Employer:
Our client was hired by ODJFS to work as a customer services representative. After she was terminated, and denied unemployment benefits by ODJFS, we represented her through a hearing and obtained a win for her. We showed the Hearing Officer that she was terminated for not meeting a calls quota, but she was never informed of a calls quota when she was hired. As a result, her benefits were approved.
  
Unemployment Appeal Won
February 16, 2022
Unemployment Hearing Won - Client Available for Work:
Our client worked a full-time and part-time job. After the full-time job ended, he applied for unemployment benefits but found himself denied as being unavailable for work. It seems the part-time employer claimed it had other hours for him to work that he turned down. Through a hearing, we showed that this was not true. As a result, he was approved for benefits.
  
Unemployment Appeal Won
February 16, 2022
No Just Cause to Terminate for Absences - Unemployment Approved.
After our client was denied unemployment benefits due to a termination from work, we represented him through a telephone hearing. The hearing officer agreed with us that, "When a claimant is discharged for just cause in violation of an employer's policy the rule must be reasonable, known, and uniformly applied. The violation must also have some connection with work, be substantial and materially affect the employer's interest, and the employee's action indicates negligence or a willful disregard of the rule." We showed that the employer's stated reason for terminating - absenteeism - was not the reason given at termination. Rather, he was told that the company was going in a different direction. The Hearing Officer concluded that the termination was without just cause and approved benefits.
  
Unemployment Appeal Won
February 14, 2022
PUA Appeal Won - Employment Verification Provided:
Like many other people, our client received PUA benefits for months only to find his claim denied, and a demand that he repay benefits, because PUA said he did not provide sufficient employment verification. Through a hearing, we obtained a win in his favor.
  
Unemployment Appeal Won
February 14, 2022
Unemployment Won - No Offer to Return to Work:
Our client found her unemployment benefits denied after the employer claimed she refused an offer to return to work after a layoff. Through a telephone hearing, by cross-examining the employer's witnesses, we showed that the employer lacked evidence that it did make an offer to return to work. As a result, her unemployment benefits were approved.
  
Unemployment Appeal Won
February 8, 2022
Employee Terminated Without Just Cause - Approved for Unemployment:
Our client and several of her co-workers performed their duties as they were trained. The employer then changed a rule, without notice, and terminated several of the employees who violated the rule. The hearing officer agreed that the employer lacked just to terminate because the employees performed their jobs in accord with a long standing past practice and, before the employer could discipline them for not following a rule, it first needed to give them notice of the rule. As a result, our clients benefits were approved.
  
Unemployment Appeal Won
February 7, 2022
PUA Unemployment Appeal Won:
Like many people, our client found himself denied PUA benefits months after receiving them because the PUA system claimed he did not provide sufficient employment verification. We led his appeal and showed the Hearing Officer that his documentation was sufficient, resulting in a win and an elimination of his overpayment.
  
Unemployment Appeal Won
February 4, 2022
Employee Terminated Due to Absences Approved for Unemployment:
After our client was terminated for absences due to a bona fide medical reason, she found herself denied unemployment compensation. Through a hearing, we showed that the vast majority of the absences were due to a bona fide medical reason, and as a result, she was not at fault. The Hearing Officer agreed and approved her benefits.
  
Unemployment Appeal Won
February 2, 2022
Unemployment Approved After Layoff:
Due to restructuring at the employer, our client found her position eliminated. ODJFS denied her benefits; however, because she was offered two alternative positions. We showed the hearing officer that neither alternative position was suitable because one was two-hours away and the other involved a substantial reduction in pay. As a result, the Hearing Officer agreed with us that our client was eligible for benefits.
  
Unemployment Appeal Won
February 2, 2022
Unemployment Won After Termination for "Not Being a Good Fit":
With no prior warnings about any work performance issues, our client found herself terminated for, "not being a good fit." She applied for unemployment and was denied until we represented her through a hearing and obtained a decision in her favor. The Hearing Officer concluded, after giving credibility to our client's testimony, that the employer lacked just cause to terminate. As a result, her benefits were approved.
  
Unemployment Appeal Won
January 31, 2022
Unemployment Appeal Won After Resignation:
After being placed on an performance improvement plan, our client was told that he was being terminated unless he resigned instead. He resigned, but found himself denied unemployment benefits due to the resignation. We showed the hearing officer that the resignation was in lieu of an impending termination, and therefore the question for the hearing officer was not whether he had just cause to resign, but rather whether the employer had just cause to terminated. The hearing officer agreed that they did not, and as a result his benefits were approved.
  
Unemployment Appeal Won
January 27, 2022
Pandemic Unemployment Appeal Won:
After receiving benefits for months, the PUA denied our client, claiming he did not provide sufficient employment verification. We represented him through a hearing, prevailed, eliminated his overpayment, and obtained a backpayment for him.
  
Unemployment Appeal Won
January 26, 2022
PUA Benefits Approved:
Our client was denied PUA benefits after the PUA system determined he did not provide sufficient employment verification. Through a hearing, we showed sufficient verification through check stubs, tax returns, W-2s, and other documents. As a result, his benefits were approved and his overpayment was eliminated.
  
Unemployment Appeal Won
January 20, 2022
PUA Benefits Won:
After receiving PUA benefits for months, our client was denied because the PUA system claimed he did not provide sufficient employment verification. We prevailed, showing a hearing officer sufficient employment verification. As a result, his overpayment was eliminated and his benefits were approved.
  
Unemployment Appeal Won
January 19, 2022
Unemployment Benefits Approved for School Employee:
School employees are generally not eligible for unemployment through the summers based on their school employment if they have a reasonable assurance of employment in the fall. Our client's contract came to an end. Though the employer told him he may be able to apply for another position in the Fall, it did not give him a reasonable assurance. Thus, the Hearing Officer agreed to approve his benefits through the summer.
  
Unemployment Appeal Won
January 18, 2022
Unemployment Appeal After Late Filing Appeal and SUB Unemployment:
Our client received what is called SUB unemployment from her employer. A Supplemental Unemployment Benefit ("SUB") is a plan by an employer that subsidizes unemployment benefits. ODJFS incorrectly determined that this was deductible income. Despite attempts by our client to appeal this determination, ODJFS also determined that she appealed late. Through a hearing, we showed that the SUB unemployment benefits were not deductible, and should not have reduced her weekly unemployment benefit. Further, because State of Ohio Amended Substitution House Bill No. 197 (Am Sub. H.B. No. 197) tolled "any other criminal, civil or administrative time limitation under the Revised Code ... set to expire between March 9, 2020, and July 30, 2020," her July 15 appeal of the May determination was still timely. As a result, she was approved for her unemployment compensation.
  
Unemployment Appeal Won
January 12, 2022
Unemployment Appeal Won - No Just Cause to Terminate:
After being terminated from her job, our client found her employer raising many issues with unemployment to justify the termination even though they never shared those reasons with her. We showed the Hearing Officer that the employer could not bring up reasons that were not given at the time of termination, that our client had no prior discipline, and the employer failed to provide any witnesses with personal knowledge of the allegations. As a result, our client won her appeal and was approved for benefits.
  
Unemployment Appeal Won
January 11, 2022
PUA Unemployment Appeal Won:
After paying benefits to our client for months, the PUA issued a determination notice denying her benefits and demanding she pay back the benefits she already received. We represented her through a telephone hearing, obtaining and analyzing her file, verifying documentation was included, and presented legal arguments to the Hearing Officer that the PUA was wrong to deny her. The Hearing Officer agreed, reversing the denial of benefits and eliminating the overpayment.
  
Unemployment Appeal Won
January 10, 2022
Unemployment Appeal Won for Student:
As a general rule, if claimant enrolls in school after becoming unemployed, they will be denied benefits for being "unavailable" for work. However, if the claimant was attending school while they were working, the schooling should not disqualify them from benefits. Our client, however, found ODJFS asking for a large overpayment after determining he was unavailable due to attending school. During a hearing, we showed the Hearing Officer that he attended school while he was working, and as a result the Hearing Officer agreed that he was eligible for benefits and eliminated the overpayment.
  
Unemployment Appeal Won
January 5, 2022
PUA Benefits Won - No Statutory Authority for Imposing Suspension of Benefits for Failing to Respond to Department Inquiry:
Our client received PUA benefits for several months when she received determination notices that (a) denied her benefits for failing to respond to an department inquiry, and (b) deducted from the benefits she received a pension benefit from an employer she worked at several years earlier. The Hearing Officer found in our favor on both points. First, he reasoned that there is no statutory authority for imposing a suspension of benefits for failing to respond to a department inquiry. Second, pension benefits are only deductible if from a base period employer. Our client's base period was 2019, but she last worked at the employer who contributed to the pension several years prior, and therefore was not deductible.
  
Unemployment Appeal Won
January 4, 2022
Unemployment Appeal Won - No Just Cause to Terminate:
Our client was put on a performance improvement plan that ended in December 2020. Despite successfully completing the plan, she was terminated in February 2021. The employer told her that she could apply for other positions. OJDFS denied her benefits, holding that she was terminated with just cause and turned down an offer of suitable work when she did not apply for other positions. During a hearing, we showed that the employer lacked any just cause to terminate her. Further, the employer's suggestion that she apply for other positions was not an offer of work at all. As a result, she was approved for benefits.
  
Unemployment Appeal Won
December 30, 2021
Unemployment Appeal Won - Documentation Requirements Satisfied:
Our client applied for and received PUA benefits for months, only to then receive a determination notice that stated he was overpaid for failing to provide documentation timely. We proceeded through appeals and a telephone hearing, showing the Hearing Officer that he did provide the documentation. As a result, the Hearing Officer found in his favor and eliminated his overpayment.
  
Unemployment Appeal Won
December 29, 2021
Unemployment Appeal Won - Pension Not Deductible:
Ohio's PUA system attempted to deduct our client's pension amount from his weekly benefits. Through a telephone hearing, we showed the hearing officer that a pension should only be deductible if it is received from an employer for whom the claimant worked and received remuneration during their base period. The pension our client received was from an employer he worked for approximately six years prior to applying for benefits, and therefore was not deductible from his weekly benefits.
  
Unemployment Appeal Won
December 28, 2021
PUA Unemployment Appeal Won:
Our client was denied benefits, after months of receiving them, because the PUA system claimed that he had not provided sufficient employment verification. Through a telephone hearing, we showed that he had in fact provided sufficient documentation and as a result, his overpayment was eliminated and he was approved for benefits.
  
Unemployment Appeal Won
December 27, 2021
Unemployment Hearing Won After Termination For Absences:
Our client was absent from work due to bona fide medical reasons. When she returned to work, she properly provided medical documentation, but the employer terminated her for absences. We represented her through a hearing, where the employer attempted to give other excuses for the termination. However, the Hearing Officer agreed with us that the employer terminated her for an absence due to a bona fide medical reason, and this was without just cause.
  
Unemployment Appeal Won
December 23, 2021
Unemployment Benefits Won - ODJFS Late Reversal Rejected:
Our client applied for and was approved for unemployment compensation after his job came to an end due to a lack to work. When his regular benefits ended and he applied for an extension, ODJFS retroactively denied all benefits that were paid to him. Through a Hearing, we were able to show that the initial determination became final, that ODJFS did not have jurisdiction to change a final decision, and as a result his overpayment was eliminated.
  
Unemployment Appeal Won
December 21, 2021
Unemployment Appeal Won - Termination During Leave of Absence:
Our client was on a leave of absence for a medical reason when his employment came to an end. ODJFS denied his claim for benefits, claiming he was on a voluntary leave of absence. We showed that he was on a leave of absence, but (a) that ended when he was terminated and (b) he was able to work shortly after he was terminated. As a result, the Hearing Officer agreed that he was eligible for benefits once released to work.
  
Unemployment Appeal Won
December 16, 2021
Unemployment Appeal Won:
Our client had a meeting with upper management at his employer where he voiced several concerns about his employment. The parties did not reach an agreement regarding some important issues and, out of despair, our client told management that they may need to start looking for his replacement. The employer considered this as a termination, and as a result, he was denied unemployment benefits. Through a hearing, we showed he did not resign. As a result, his benefits were approved.
  
Unemployment Appeal Won
December 7, 2021
Unemployment Benefits Won:
Our client applied for unemployment benefits after his hours were reduced. Months later, a determination notice was issued denying benefits, stating that he voluntarily reduced the hours. We showed the Hearing Officer that this was not accurate. Rather, his hours were reduced by the employer. As a result, he won the hearing and eliminated a large overpayment.
  
Unemployment Appeal Won
December 6, 2021
No Just Cause to Terminate Employee for Customer Complaints:
ODJFS denied unemployment compensation to our client, claiming the employer terminated him without just cause due to customer complaints. Through a hearing, we showed that the employer did not follow progressive discipline. Further, complaints are part of the customer service industry and not sufficient proof of misconduct by the employee. The Hearing Officer agreed, reversing the denial of benefits.
  
Unemployment Appeal Won
November 19, 2021
Unemployment Approved After Resignation:
Our client was initially denied unemployment compensation after resigning from his job. We showed ODJFS; however, that he only resigned in lieu of an impending discharge. Put simply, the employer told him that he was terminated but gave him the option to sign a resignation letter instead. Because the resignation was in lieu of an impending discharge, the case should have been evaluated for whether the employer had just cause to terminate him, not whether he had just cause to resign. As a result, his unemployment was approved with a backpayment.
  
Unemployment Appeal Won
November 19, 2021
School Employee Approved for Unemployment:
School employees typically do not receive unemployment compensation through summer breaks if they have a contract or reasonable assurance of employment at the beginning of the next academic year. Our client was denied benefits through the summer for this reason; however, we showed that he was a 12-month employee and should receive benefits through the summer because he suffered an unanticipated loss of income. The Hearing Officer agreed, approving his benefits.
  
Unemployment Appeal Won
November 18, 2021
Unemployment Won - No Just Cause to Terminate for Text Messages:
Our client sent a text message to her supervisor that was arguably unprofessional. However, it was an isolated incident and a minor one. Therefore, the Hearing Officer agreed that the employer lacked just cause to terminate. As a result, the unemployment hearing was won and our client was approved for unemployment compensation.
  
Unemployment Appeal Won
November 17, 2021
PUA Benefits Won:
Our client was initially approved for unemployment compensation; however, the PUA later denied her benefits requiring repayment of a large overpayment. PUA claimed our client was not unemployed due to COVID. Through a hearing we showed that our client's cleaning business came to a halt upon COVID because clients were not willing to let her into their homes. As a result, we won the hearing and the overpayment was eliminated.
  
Unemployment Appeal Won
November 17, 2021
Unemployment Appeal Won - No Just Cause to Terminate:
Our client was terminated for sending a message to a co-worker that complained about newly hired employees. Even though the newly hired employees did not see the message or complain about it, and the message simply stated, "These guys are weird," the employer terminated our client. While ODJFS denied her benefits for being terminated with just cause, through a hearing we prevailed by showing this type of discipline was disciplinary overkill. As a result, the Hearing Officer concluded the termination was without just cause and approved benefits.
  
Unemployment Appeal Won
November 10, 2021
Unemployment Appeal Won - Not Sufficiently At Fault for Termination:
Our client was terminated after seven years of employment due to an allegation that she did not properly handle calls. Through a telephone hearing, we demonstrated that the employer could not show her actions represented sufficient fault or misconduct to deny her unemployment compensation benefits. As a result, her benefits were approved.
  
Unemployment Appeal Won
November 10, 2021
Unemployment Won - Client Did Not Refuse Work:
ODJFS denied our client's benefits, erroneously believing the employer's claim that she turned down an offer to return to work. Through a hearing, we showed that the employer lacked any evidence of any communication about an offer to return to work. As a result, the Hearing Officer removed a large overpayment ODJFS claimed our client owed.
  
Unemployment Appeal Won
November 9, 2021
Severance Not Deductible from Unemployment Benefits:
When a person receives a severance payment, even as a lump sum, OJDFS will allocate that payment out over a number of weeks as deductible income reducing a person's benefits unless the employer allocates a lump sum severance to one particular week. ODJFS allocated out our client's severance payment, but by working with our client and the employer, we were able to obtain documentation to prevent the allocation. A hearing officer agreed, approving our client's benefits.
  
Unemployment Appeal Won
November 8, 2021
Unemployment Approved - Disability Payments:
To qualify for unemployment compensation, a person must have sufficient qualifying weeks of employment and income during their base period. Our client was denied benefits in part because ODJFS did not count disability payments she received from her employer as income. Through a hearing, we showed that such disability benefits do count as income, and as a result her unemployment benefits were approved.
  
Unemployment Appeal Won
November 4, 2021
Unemployment Appeal Won for "Independent Contractor"
Our client quit his job, but upon further discussions with his employer returned to work completing the same job but listed as an independent contractor rather than an employee. When he was laid off from that job, he was disqualified for having originally quit the job. We showed the hearing officer that the work he did as an "independent contractor" should have been classified as employment, and therefore it was sufficient to requalify him for benefits. The Hearing Officer agreed, eliminated a large overpayment and approved him for benefits.
  
Unemployment Appeal Won
October 28, 2021
Unemployment Approved After Termination Without Just Cause:
Our client was terminated after an allegation that she did not properly assist with other hospital employees that were placing a patient in restraints. Through the hearing, we showed that the employer lacked reliable or credible evidence to support the allegations. As a result, her benefits were approved.
  
Unemployment Appeal Won
October 27, 2021
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"Professional, upfront, knowledgeable, made the whole appeals process way less stressful, made me feel comfortable at the hearing, and won my appeal! Highly recommend using!"
Josh

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

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

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

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

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

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

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

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

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

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

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

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

Out-of-Office Notice - through September 29, 2022

While we typically encourage and provide free consultations every day, Mr. Smith will be unavailable to provide consultations until September 30, 2022. 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.

Main Office:
20545 Center Ridge Road, Ste. 215
Rocky River, OH 44116