Ohio’s unemployment compensation is an invaluable part of this state’s support system that keeps our workforce strong, and the lights on, during the job search process. However, here are toxic myths about the system that cause people not to file or, worse yet, not to pursue their appeals.
Ohio allows an individual who is terminated to claim unemployment benefits, so long as the employee was not at fault for the termination. The employer must show they had just cause to terminate.
What might be just cause for one person might not be just cause for another. The Ohio Department of Job and Family Services decides your case based on your facts, not on someone else’s.
Let’s take two examples. Sandy is a salesperson, and works from home. She has no office, but is required to log 40 hours of work every week. It doesn’t really matter if Sandy logs her hours from 8 until 4 every day, just so long as she gets the work done. If she sleeps in fifteen minutes from her usual start time and gets started later, assuming no other issues, nothing bad happens to her employer.
Bob drives an armored car for cash pickup. He has a strict schedule to obey. If Bob is fifteen minutes late for work in the morning and doesn’t start his run on time, problems arise for his employer and the clients.
As a result, if Bob is tardy three times his employer might have just cause to terminate him, but Sandy's employer might not have just cause to terminate her for three tardies. It depends on the facts, the rules, the work histories and more.
While it can certainly play a role in quitting, this is an exceptionally high bar to clear. You have to show your boss' behavior was so extreme that you could no longer work there, AND you notified your employer of the problem, AND you gave your employer adequate time to resolve the problem.
This can be tragic in two occasions. First, people change their minds. An employer who tells you that they won’t contest your unemployment may decide that they will contest it after they see what it could do to their tax rates. While they may have made an agreement with you and you could conceivably take them to court for their breach of that agreement (assuming all contract formalities were obeyed), that doesn’t keep your electric bill paid and food in your pantry.
Second, it is the Ohio Department of Job and Family Services that determines whether you are entitled to benefits, not your old employer. Oftentimes, answers to simple, non-threatening questions can make your separation look like it’s a disqualifying one. Claims can be denied even if your employer does not respond to ODJFS or contest your unemployment.
While a new job is certainly something to be happy about, one should be careful about things like probationary periods. If your new employer suddenly decides that they don’t like your work and you never filed for unemployment regarding your last job, you may find yourself in a tight spot where you can’t claim benefits from either.
Even worse, you could miss the window for filing your first claim and be barred forever from obtaining benefits through that employer, even if your separation was not a disqualifying one.
In Ohio, resigning for family obligations is a sure way to find yourself disqualified for unemployment benefits, whether it is to care for an ill spouse, or even if your employer changes your schedule to one you cannot work because you need to take care of your children. The rule is unfair and wrong, but it is the law.
There are three appeal steps with Ohio Unemployment. (1) They will issue a Determination Notice that can be appealed in writing within 21 days. They will then answer that appeal with a Redetermination Notice. (2) If the Redetermination Notice is appealed, they will transfer the case to the Unemployment Compensation Review Commission, which will schedule a Telephone Hearing. That Hearing Officer's Decision will in almost every case be the final decision. (3) Although it can be appealed, appeals at that level are routinely disallowed without another hearing because they defer to the Telephone Hearing Officers.
Therefore, one needs to prepare for the UCRC Telephone Hearing as though it will be the final decision. If you are going to seek legal help, it should be done before this hearing.
You have nothing to risk by calling Smith's Law Offices for your free consultation, so contact us today before you lose any of your unemployment appeal rights. Whether you've just received an unemployment denial and need to appeal or are about to have an unemployment hearing, we can help.
Affordable Legal Help
We offer fee options that acknowledge the difficulty of affording legal help while unemployed. In many cases, we can offer a contingency fee that requires no upfront payment, with the fee instead being paid as a percentage of the back payment that is recovered. We also provide minimal flat fees when appropriate.
Statewide Representation
Because unemployment determinations are appealed in writing, and the hearings are conducted by telephone, Smith's Law Offices successfully represents clients throughout the entire State of Ohio.
