Unemployment Appeal Attorneys | Free Consultations

Sample Employers We Have Prevailed Against

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

Recent Cases/News

No Just Cause to Terminate Employee Who Wanted Shift Change:

After our client asked to switch a a different shift, the employer determined there were no openings on other shifts and terminated our client. While the employer maintained that our client quit, the hearing officer agreed that this was a termination and the employer lacked just cause. We were able to obtain a decision approving our client's unemployment claim with back-payments.

Unemployment Appeal Won

April 12, 2019

No Just Cause to Terminate for Insubordination:

The employer called a meeting with our client, started to argue with him, and then terminated him without giving a reason. The employer then claimed it had several reasons to terminate including insubordination during the final meeting. We showed, however, that the employer lacked evidence to support any of its allegations. Further, an employer should be limited to the reason it gave at the time of the termination and, in this case, the employer did not provide any reason. Therefore, it lacked just cause to terminate.

Unemployment Appeal Won

April 9, 2019

Our Client Was Attacked After an OSU Football Game Wager, Terminated and Denied Unemployment - Until We Won His Hearing For Him:

Our client and co-worker placed a wager on an OSU football game and when our client asked the co-worker to pay what was still due from the wager, the co-worker rushed him and put him in a headlock until other employees removed him. The Hearing Officer agreed that the employer lacked just cause to terminate our client who was the victim in the altercation.

Unemployment Appeal Won

April 8, 2019

Postal Service Employee Approved:

Our client accepted a temporary position from the U.S. Postal Service through the holidays. After the temporary position came to an end, he reapplied for unemployment but was denied. After a hearing, we obtained a decision approving his unemployment claim and back-pay.

Unemployment Appeal Won

April 4, 2019

Termination During Performance Improvement Plan is Without Just Cause:

While the employer argued that it had just cause to terminate our client during a Performance Improvement Plan, we showed that the employer had not given our employee till the end of the PIP to meet his goals and nothing else occurred during the PIP that justified termination.

Unemployment Appeal Won

April 2, 2019

Student Approved for Unemployment:

Although our client was initially denied unemployment because ODJFS claimed she was ineligible due to (a) a disqualifying separation and (b) because she was going to school, we prevailed at her hearing. The Hearing Officer agreed that (a) the employer lacked just cause to terminate her and (b) the schooling did not disqualify her because she was attending school before she was terminated.

Unemployment Appeal Won

March 27, 2019

Eligible For Unemployment - Medically Able to Work:

After our client was denied unemployment due to an allegation that she was not medically able to work, we researched her case and gathered medical documentation for the hearing officer. That hearing officer agreed that she was able to work and approved her claim for unemployment benefits.

Unemployment Appeal Won

February 27, 2019

Fired for Asking, "Are you calling me a liar?"

The employer met with our client on two occasions, made allegations about his work performance and our client answered the allegations. When the employer did not seem to believe our client, he asked, "Are you calling me a liar?" The employer claimed this was insubordination and terminated him. The Hearing Officer agreed that this did not rise to the level of insubordination and did not warrant termination.

Unemployment Appeal Won.

February 21, 2019

Unemployment Approved After Employer Changes Duties and Schedule:

The Employer changed our client's job duties, cut their full-time job down to 16 hours per week, and would not confirm the new rate of pay. The Hearing Officer agreed that our client was involuntarily unemployed through no fault of her own and she was not required to accept the new position because the reduction in hours/pay made it not suitable.

Unemployment Appeal Won.

February 19, 2019

Employer Lacked Just Cause to Terminate:

The employer claimed our client did not call in for three absences and that she was not medically able to work. We showed that our client did call in for each absence and, although with some medical restrictions, was able to work. The Hearing Officer agreed.

Unemployment Appeal Won

February 11, 2019

Cafe Lacks Just Cause to Terminate Server:

After a telephone hearing, the Hearing Officer agreed with our client that they did not engage in misconduct to justify their termination.

Unemployment Appeal Won

February 8, 2019

Offer of Reduced Hours and Split Shift is Not an Offer of Suitable Work:

Our client worked full-time, was laid off, and then offered a position at about half the hours and split - with a couple hours in the morning and a couple hours in the afternoon. The Hearing Officer agreed that this was not an offer of suitable work that our client was required to accept, and thus his application for unemployment compensation was approved.

Unemployment Appeal Won

January 18, 2019

Poor Judgement May Not Be Sufficient Fault or Misconduct to Justify Termination:

The Hearing Officer agreed that our client may have taken an act at work that demonstrated poor judgement, it was not an act that demonstrated a disregard of the employer's interests or of sufficient fault/misconduct to justify termination. The employer's delay of three months to terminate the employee after the act was also a factor leading to the hearing officer approving unemployment compensation.

Unemployment Appeal Won

December 7, 2018

Calling a co-worker a Peppa Pig Does Not Give Just Cause to Terminate:

Our client and a co-worker were having an argument during which the co-worker was called a Peppa Pig. The Hearing officer agreed that there was not sufficient fault or misconduct to justify termination.

Unemployment Appeal Won

December 4, 2018

Unemployment approved after resignation due to physical limitations:

Our client took a job while unemployed that was physically demanding. When the job turned out to be too much for him, he attempted to move to another position at the employer but was unable. The Hearing Officer agreed that this was just cause to resign.

Unemployment Appeal Won

November 20, 2018

Employer lacked just cause to terminate for performance issues:

We showed that the employer failed to make its performance expectations known at time of hire and that the employee met the expectations.

Unemployment Appeal Won

November 16, 2018

Employee was not insubordinate:

A second shift lead told our client, who worked on third shift, to complete a task but the third shift lead gave different instructions. The Hearing Officer agreed that the employer lacked just cause to terminate for insubordination because our client was correct in following the directions of his immediate lead.

Unemployment Appeal Won

November 5, 2018

No just cause to terminate for owning a side business:

Employer who terminated our client for a perceived conflict from owning a side business lacked just cause because there was insufficient evidence of a real conflict of interest.

Unemployment Appeal Won

November 5, 2018

Employer lacked credibility:

After prepping our client for the telephone hearing and cross-examining the employer’s witnesses, the hearing officer concluded that our client was more credible and the employer’s claims that it gave prior warnings for performance issues was unsupported.

Unemployment Appeal Won

October 26, 2018

Expectations must be known at time of hire:

The employer subjected our client to tests during orientation and then terminated her when she did not pass one. The Hearing Officer agreed that, because the employer did not inform her before she was hired that she would have to pass the tests, it did not have just cause to terminate her when she was unable to pass one.

Unemployment Appeal Won

October 18, 2018

No just cause to terminate employee who refused work for medical reasons:

When our client was placed indefinitely in a position that caused him pain due to a medical condition, and as a result he called off until he was placed in another position, the employer terminated him. The Hearing Officer agreed that the employer lacked just cause and approved our client for benefits.

Unemployment Appeal Won

October 18, 2018

Members of LLC’s Filing as a C-Corp and paid a salary are eligible:

Our client had been denied benefits because he was not only a salaried employee, but also a member of an LLC filing as a C-Corp. The Hearing Officer agreed that, regardless of being a part owner, he was eligible for benefits.

Unemployment Appeal Won

October 17, 2018

Truck driver who worked primarily in Ohio for company located in a different state is eligible:

A company paid unemployment taxes to another state for an employee who lived in and worked primarily in Ohio. The Hearing Officer agreed that he was eligible for Ohio Unemployment Compensation.

Unemployment Appeal Won

October 10, 2018

Complaining about a failure to give a raise is not just cause to terminate:

Employer lacked just cause to terminate an employee for repeatedly raising his concerns that he was not paid a raise he was promised and for an unsubstantiated complaint.

Unemployment Appeal Won

September 24, 2018

Employer effectively terminates employee without just cause, even though the words, "You are fired-" were not used:

The employer told our client that he did not "give a f*** about" her, that he had, "no use for her anymore," that her "career was on the line" and that she had until the end of the day to "prove her worth" to him at which point he hung up the phone- cut off her access to the company's database and her company cell phone was deactivated. The Hearing Officer agreed that this was effectively a termination and the employer lacked just cause.

Unemployment Appeal Won

August 30, 2018

When you call off and send an email, it is not a no-call/no-show:

Although our client attempted to call off but could not leave a message and sent an email to human resources reporting off, the employer terminated him for a no-call/no-show. The hearing officer agreed that this was not a no-call/no-show.

Unemployment Appeal Won

August 27, 2018

Employer Lacked Just Cause to Terminate:

Employer failed to present sufficient evidence to support its claim that it had just cause to terminate an employee for failing to inspect a part.

Unemployment Appeal Won

August 24, 2018

US Postal Service Lacked Just Cause to Terminate:

The Hearing Officer agreed that the employer lacked just cause to terminate our client for leaving his vehicle running while he was inside a postal facility gathering mail for his route.

Unemployment Appeal Won

August 15, 2018

No just cause to terminate for a providing insufficient sample for drug test:

The employer had a policy that required random testing during work hours. Our client was selected, scheduled to take a test within a half-hour of her shift ending, provided a sample that was insufficient, and had to leave due to prior commitments. In this case, the Hearing Officer agreed that the policy was not applied reasonably and therefore the employer lacked just cause to terminate.

Unemployment Appeal Won

August 9, 2018

Employer lacked just cause to terminate an employee who was attacked by a co-worker:

The Hearing Officer agreed that our client who was attacked by a co-worker did not instigate the altercation and merely protected herself.

Unemployment Appeal Won

August 8, 2018

Employers should follow their own discipline policies:

The Hearing Officer agreed that an employer who skipped steps in its progressive discipline policy did not have just cause to terminate our client.

Unemployment Appeal Won

July 30, 2018

Absences due to circumstances beyond employee's control are not just cause for termination:

The Hearing Officer agreed that an employee's absences due to his ailing wife or because of his own illness were circumstances beyond the employee's control and did not give the employer just cause to terminate.

Unemployment Appeal Won

July 13, 2018

Employer lacked just cause to terminate for sleeping on the job and for excessive use of his cell phone:

The Hearing Officer concluded that the employer failed to provide sufficient evidence that it followed its progressive discipline policy and that the employee actually violated a policy.

Unemployment Appeal Won

July 12, 2018

Hearsay and unsubstantiated testimony and evidence insufficient:

The Hearing Officer agreed that the employer failed to present sufficient evidence of misconduct in light of the employee's credible testimony denying misconduct.

Unemployment Appeal Won

June 6, 2018

Employer did not have just cause to terminate employee who it failed to train and failed to provide notice of performance issues:

The employer hired our client but failed to provide any training for how to do their job and failed to provide timely notice of their mistakes until they were terminated. The Hearing Officer agreed that they lacked just cause to terminate.

Unemployment Appeal Won

June 5, 2018

Employee who was terminated after they gave a resignation notice is approved:

The Employee resigned with a two-day notice, the employer sent the employee home and did not pay them for the remaining two days. The Hearing Officer agreed that this should be looked at as a termination rather than a resignation, and there was not just cause to terminate.

Unemployment Appeal Won

May 14, 2018

Hearsay evidence and unsubstantiated evidence insufficient to prove just case:

Attending the hearing fully prepared- we persuaded the hearing officer that the employer's reliance on hearsay and unsubstantiated evidence of our client being insubordinate was insufficient, especially in light of our client's credible testimony.

Unemployment Appeal Won

May 10, 2018

Employer cannot force employee into position they can not medically do:

The employer first cut our client's hours and then- despite our client's medical restrictions, attempted to force her into a position she was unable to work. The Hearing Officer agreed that the employer did not have just cause to terminate her for being unable to complete the work.

Unemployment Appeal Won

May 1, 2018

Employee had good cause to turn down work:

An employer terminated our client- then offered her a job at half the pay. Although her benefits were initially denied- we were able to persuade the Hearing Officer that the work offered was not suitable and that she had good cause to turn it down.

Unemployment Appeal Won

April 25, 2018

Employee nurse has just cause to quit for being required to perform duties beyond her expertise:

The Hearing Officer agreed that the nurse had just cause to quit, because the employer's decision to require her to perform duties beyond her expertise put her license and the possible well-being of the patients at risk.

Unemployment Appeal Won

April 16, 2018

Employer failed to show that our client was at fault for an alleged argument:

Although the employer claimed it terminated our client for shouting at a supervisor, our client's testimony was more credible and the employer failed to show our client was at fault for any alleged argument about its own failure to provide sufficient parts.

Unemployment Appeal Won

April 2, 2018

Absences for claimant's own illness and to care for ill family members does not give just cause to terminate:

The Hearing Officer agreed that the employer lacked just cause to terminate our client who had absences due to her own illness and that of her daughter and husband, and therefore approved her benefits.

Unemployment Appeal Won

March 29, 2018

Employer lacked just cause to terminate an employee when he attempted to return from a medical leave of absence:

Our client attempted to return to work after a medical leave of absence only to find that the employer had laid off much of its workforce and refused to return his calls. The Hearing Officer agreed that the employer lacked just cause to terminate and approved his benefits.

Unemployment Appeal Won

March 27, 2018

No just cause to terminate for being rude to a co-worker:

The Hearing Officer agreed that our client- who had no prior discipline, was terminated without just cause for an allegation of being rude to a co-worker. In part due to our preparation, the Hearing Officer concluded that our client's testimony was more credible than her employers.

Unemployment Appeal Won

March 22, 2018

Holding a real estate license does not disqualify unemployment eligibility:

Our client worked full time and held a real estate license. He was initially denied unemployment when he lost his full-time job because his real estate license with held with a broker. The Hearing Officer reversed, finding that just because a real estate broker held the license, this did not create an employment relationship.

Unemployment Appeal Won

March 19, 2018

Employer lacked just cause to terminate for a no-call/no-show:

The Hearing Officer did not agree with the employer that it had just cause to terminate for a no-call/no-show when the employee did call off to co-workers due to a bona fide medical illness.

Unemployment Appeal Won

March 7, 2018

Employer lacked just cause to terminate employee when customers were happy with employee's performance:

The hearing officer was persuaded- in part due to statements from customers that they were happy with our client's performance, that the employer lacked just cause to terminate for failing to meet performance expectations.

Unemployment Appeal Won

March 7, 2018

Employer lacked just cause to terminate employee for failing to meet expectations it did not explain:

When the employer promoted our client, it failed to explain the expectations of the new job and, therefore, lacked just cause to terminate the employee for failing to meet the unspoken expectations.

Unemployment Appeal Won

March 6, 2018

Moving to a closer seat during a meeting is not violent behavior:

Employer alleged that our client made them feel intimidate, although it presented evidence of what our client did other that to move to a closer seat during a meeting. The employer lacked just cause to terminate.

Unemployment Appeal Won

March 1, 2018

Termination for being on worker's comp. leave without a release to return to work lacks just cause:

Our client was off of work on a worker's compensation leave- having been examined by the employe's doctor and not given a release to return to work. The employer lacked just cause to terminate the employee for being absent without authorization.

Unemployment Appeal Won

February 26, 2018

Termination for failing to meet substantially changed duties lacks just cause:

The employer gave our client new duties to complete and then terminate our client for failing to complete those duties adequately. Because there had been a substantial change in the requirements for the position, the employer lacked just cause to terminate.

Unemployment Appeal Won

February 26, 2018

Termination for doing what you are told is without just cause:

Our client was sent to observe another employee- found the employee dressed inappropriately- took a photo that she shared with her supervisor, and was then terminated for taking the photo. The Hearing Officer agreed that this was not just cause for termination.

Unemployment Appeal Won

February 22, 2018

Employer mistakenly believed employee was taking extended breaks:

We persuaded the Hearing Officer that the employer was mistaken when it accused our client of taking extended breaks and as a result it was held that the employer lacked just cause to terminate.

Unemployment Appeal Won

December 22, 2017

Requesting help is not insubordination:

The employer terminated our client believing he engage in insubordination when he asked for additional help- but the Hearing Officer agreed that the request was not insubordination an therefore the employer lacked just cause to terminate.

Unemployment Appeal Won

December 22, 2017

Employer lacked just cause to terminate employee for being rude:

The hearing officer agreed that the employer failed to show that the employee was rude during an informal meeting over a cup of coffee, and thus the employer lacked just cause to terminate.

Unemployment Appeal Won

December 18, 2017

Employer with unclear job expectations lacked just cause to terminate:

The hearing officer agreed that the employer did not have just cause to terminate when it did not provide details about purported areas of concern and it was unclear about what it was expecting of the employee.

Unemployment Appeal Won

December 12, 2017

Not all mistakes warrant termination:

Due to a lack of training, and employee who made a mistake at work was terminated without just cause.

Unemployment Appeal Won

December 11, 2017

Facebook posts do not give just cause to terminate:

Employer did not have just cause to terminate an employee for his personal social media posts when they were posted from home, were not work related, and did not mention the employer.

Unemployment Appeal Won

December 5, 2017

Termination for a customer complaint was without just cause:

The Employer did not have just cause to terminate for a customer complaint when the employee simply informed the customer of a store policy and the employer lacked evidence that she was rude when doing so.

Benefits Approved

September 21, 2017

When employer cuts your hours, you do not have to bump another employee before resigning:

After employee's hours were cut in half she resigned. The employer argued that she should have bumped into another position which would have still been a 20% reduction in hours. The Hearing Officer disagreed and approved her benefits.

Benefits Approved

September 19, 2017

Termination for absences due to medical reasons is without just cause:

Employee not sufficiently at fault for absences due to migraines even though the absences exceeded the points allowed by the employer's attendance policy.

Benefits Approved

September 7, 2017

Employer lacked evidence to justify termination for alleged assault:

Employer's claim that employee attempted to assault another employee was not credible.

Benefits Approved

September 5, 2017

Employee did not resign by leaving early from work:

Employer's claim employee resigned was refutted by employee's email informing the employer they were just leaving early due to illness.

Benefits Approved

August 30, 2017

Employer cannot claim an employee is on leave when they send a severance agreement:

Severance agreement showed employee was terminated and the employer lacked just cause.

Benefits Approved

August 30, 2017

Termination of employee who followed instructions was without just cause:

Demonstrated that the employee was terminated for following instructions.

Benefits Approved

August 29, 2017

Termination based on anonymous witness statements is without just cause:

Hearing officer agreed that employer could not show just cause to terminate when it relied solely upon anonymous witness statements.

Benefits Approved

August 16, 2017

No Just Cause to Terminate for Attendance:

The hearing officer agreed that the Employer did not show sufficient tardies to justify termination and it had told the employee instead that he was terminated due to a lack of work.

Benefits Approved

August 3, 2017

Resignation at Advise of Psychiatrist is With Cause:

Employee who resigned due to the impact of her job on her mental illness was eligible for unemployment compensation.

Benefits Approved

July 28, 2017

Employee Error Did Not Warrant Termination:

Employer lacked just cause to terminate an employee who was given unreasonable expectations.

Benefits Approved

July 7, 2017

Allegations of Falsification of Records Not Substantiated:

Sivinski Law Offices showed that the employee followed the normal practice and had permission to adjust records.

Benefits Approved

June 27, 2017

No Just Cause to Terminate Employee Absent Due to Daughter's Medical Reasons:

Employer lacked just cause to terminate employee with significant absences because it failed to give any progressive discipline and absences were due to daughter's bona fide illness.

Benefits Approved

June 22, 2017

Job Requirements Changed Substantially After Hiring:

Employee accused of failing to meet job expectations approved for benefits, including nearly $7,000 in back-payments, because the job substantially changed.

Unemployment Appeal Won

June 20, 2017

Showed Employer Lacked Just Cause to Terminate:

It was shown that the employer lacked sufficient proof to terminate an employee for hanging up on a customer.

Unemployment Appeal Won

June 8, 2017

Employee Had Just Cause to Resign:

Employee who was put on light duty had just cause to resign when the employer offered not positions that would conform to the light duty requirements.

Unemployment Appeal Won

June 2, 2017

Management Delays Do Not Justify Terminating Employee:

We showed that accusations that employee was terminated because projects were delayed were insufficient for just cause because the delays were due to management rather than the employee.

Benefits Approved

May 19, 2017

Venting About Discipline is Not Just Cause to Terminate:

Employer who terminated employee for closing their office door and venting to a friend and co-worker about being put on a performance improvement plan did not have just cause for the termination.

Benefits Approved

May 18, 2017

Rules Must Be Applied Reasonably:

Although the hearing officer concluded that the employee violated a rule- we were able to convince her that the rule was not applied reasonably and that the termination without prior discipline was without just cause.

Benefits Approved

May 17, 2017

Employee's Reasonable Deviations from Policies Not Just Cause to Terminate:

Employer who left employee short staffed lacked just cause to terminate the employee for deviations from policy when those deviations were reasonable and did not cause any harm to the employer.

Benefits Approved

May 8, 2017

Employer Lacks Just Cause to Terminate for Absence:

Employer who did not follow its own progressive discipline policy- and then issued a termination for an absence due to an illness with medical documentation- lacked just cause.

Benefits Approved

April 24, 2017

Employer Could Not Convert Layoff into a Termination:

Employer who asked employee if he wanted a voluntary layoff and then did not offer him any work could not use a prior incident as a justification to terminate - the employee was laid off due to a lack of work.

Benefits Approved

April 24, 2017

Showed the Hearing Officer that the Employee Did Not Commit Misconduct:

Employer failed to show any misconduct after last discipline and therefore lacked just cause to then terminate.

Benefits Approved

April 7, 2017

Giving Accurate Information is Not Just Cause to Terminate:

Employee payroll coordinator was terminated without just cause for sharing tax information with employee when it was shown that the information was accurate and followed procedure.

Benefits Approved

April 3, 2017

Employer Lacked Just Cause When It Skipped Discipline Steps:

Hearing Officer agreed that the Employer failed to follow its progressive discipline policy and- as a result- it lacked just cause to terminate our client.

Benefits Approved

March 29, 2017

Mistake that Was Quickly Corrected Was Not Just Cause to Terminate:

Employee with prior disciplinary record was terminated for entering the wrong code on a lab report; however- because the error was immediately caught and corrected the Hearing Officer agreed that the employer lacked just cause to terminate.

Benefits Approved

March 27, 2017

Last Minute Denial of Vacation Did Not Give Just Cause to Terminate:

Employee requested vacation many weeks in advance and paid for the vacation- only to be told a couple days before that he would be terminated if he took the vacation. The Hearing Officer agreed that the Employer lacked just cause to terminate because it could not show the employee's actions- "were so egregious or unreasonable as to warrant a denial of unemployment benefits."

Benefits Approved

March 23, 2017

Employer Lacked Just Cause to Terminate for Absenteeism:

Even though the employee did not have medical documentation- she provided credible testimony that she was absent only twice and was ill each time. "Absenteeism caused by bona fide illness- reported to an employer- is not just cause for discharge."

Benefits Approved

March 15, 2017

Leaving Early Does Not Justify Termination:

After an employee's supervisor laughed with a customer who was calling her stupid and then argued with her when she complained- she became upset- crying- and said she needed to take the rest of the day off. The Hearing Officer agreed that the employer did not have just cause to terminate her for arguing or leaving early when it did not object or warn her that she would be disciplined.

Benefits Approved

March 13, 2017

Reporting Off Work is Not a Resignation:

Employee who had a conversation about wages with his supervisor and finished the conversation by saying he was "done-" had not resigned. Rather- even though he reported off for the next day- the fact that he asked why the employer took him off the schedules confirmed that he only meant he was "done" with the conversation.

Benefits Approved

March 13, 2017

Mere Fact Employee Used Profanity Does Not Mean Employer Had Just Cause to Terminate:

Hearing officer agreed that an employee who used the F word, but was responding to the supervisor's use of profanity, was terminated without just cause.

Benefits Approved

March 6, 2017

Employer Lacked Just Cause to Terminate for Attendance:

Employer's policy provided discipline steps for attendance, including termination after the 6th occurrence. It was shown that Employer did not follow its policy, terminating after the 5th occurrence and with only one prior warning.

Benefits Approved

March 3, 2017

Employer Failed to Follow Its Progressive Discipline Policy:

Employer who skipped several steps of its progressive discipline policy lacked just cause to terminate because employee had reasonable expectation that employer would follow its own policy.

Benefits Approved

February 28, 2017

Employer Failed to Show Rule Violation:

Employee was accused of misusing a phone at work, but we showed that she was merely listening to music, which the employer permitted.

Benefits Approved

February 14, 2017

Employer's Skipping of Progressive Discipline Steps Was Unwarranted:

Employer failed to present justification for skipping a step of its own discipline policy, so employee found eligible for compensation.

Benefits Approved

February 8, 2017

Employer Lacked Just Cause to Terminate:

Hearing Officer approved client for unemployment,- persuaded that the employer lacked just cause to terminate for sending emails during work. The Hearing Officer concluded that the employer did not persuade him that an actual violation of policy occurred.

Benefits Approved

January 23, 2017

Employer Lacked Just Cause to Terminate:

Convinced the Hearing Officer that the employer lacked evidence of wrongdoing of a medical employee despite some complaints from other workers.

Benefits Approved

December 27, 2016

Employer Failed to Train:

Hearing Officer agreed that the employee was eligible because the employer lacked just cause to terminate. The Employer knew when it hired the employee that she would need training to perform her job, it failed to provide training- and then it terminated her unjustly for not being able to perform her job as desired.

Benefits Approved

December 27, 2016

Employee Misclassified as 1099 Contractor:

Obtained unemployment compensation for an employee who had been paid as a 1099 independent contractor, but should have been classified as and paid as an employee subject to unemployment compensation.

Benefits approved

December 21, 2016

"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

"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

"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

"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

"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

"Brian and John are the best .They go all out for you. Thank you John and Brian u guys are awesome"
Michele

"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

"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

"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

"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

"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

"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

"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