You may file a new application for Ohio unemployment benefits, or restart an existing claim, by internet or phone after you gather the necessary information.
888-642-8203 for TTY service.
(During Business Hours)
http://unemployment.ohio.gov (available 24/7)
When ODJFS requests information, or you have the right to appeal, the notices will contain a deadline. The penalty for failing to respond timely may be a complete denial of your benefits. Take these deadlines seriously and do not miss any.
If you file weekly claims late, even during the appeal process, you may forever lose eligibility for that week. If the online system does not accept your claim, pick up the phone to call ODJFS to find out why and insist they take your claims.
Smith's Law Offices offers Free Initial Consultations. We additionally offer contingency agreements whenever possible, with no up-front fee. We collect a fee ONLY if we are successful in obtaining unemployment benefits that are owed to you. We also offer flat fees and hourly rates when a contingency fee agreement is not appropriate. Our goal is always to provide you with high quality representation to protect your rights. You have nothing to risk or lose by calling the Ohio Unemployment Attorneys at Smith's Law Offices for your free consultation, so call us today before any of your unemployment appeal rights are lost.
The unemployment benefit appeal process does provide opportunities to obtain a determination in your favor, but you must have knowledge of the laws, the rules, and have the required tools to obtain and present evidence on your behalf.
The fact is, ODJFS does not operate based on what you know to be true, unless that truth can be shown to them, proven to them, and explained in a way that they can understand that Ohio statutes and rules require them to give you benefits.
The Ohio Unemployment Lawyers at Smith's Law Offices have the expertise and experience to navigate through the Unemployment Appeal process and to present the best case possible to obtain the benefits you deserve. It is a simple decision: If you want to increase your chances of obtaining benefits, take advantage of a free consultation with the Ohio Unemployment Lawyers at Smith's Law Offices.
Your unemployment benefit MAY be reduced by the following types of deductible income: Severance pay, Vacation pay, Pensions, Company buy-out plans, and Workers' Compensation. On the other hand, your benefit should not be reduced by these forms of income: Social Security, Supplemental unemployment benefits (S.U.B.), US national guard/armed forces reserve pay for scheduled drills, Interest dividends, Rental income
You may earn up to 20% of your weekly benefit amount without any deduction. After that 20%, your weekly benefit amount will be reduced by what you earn. For example, if your weekly benefit amount is $400, you may earn 20% of $400 ($80) without any impact to your weekly benefit amount. However, you must report any earnings.
As an example, if your weekly benefit amount is $400, and you earn $300 during a week, your weekly benefit amount for that week will be $180.00.
$400.00 (weekly benefit amount)
= $80.00 (exemption)
- $80.00 (exemption)
= $220.00 (deductible income)
Benefit payment: $400 - $220 = $180.00
File for unemployment as soon as you become unemployed. This is true even if you are subject to a waiting week or receiving severance pay from your employer.
If you live in Ohio and had earnings during your base period in Ohio, you can file in Ohio. If you live in Ohio but had no earnings during your base period in Ohio, you should file in a state where you had earnings.
The following is a checklist of information to gather to make your application:
- Your name, address, telephone number, e-mail address, social security number, driver's license or state ID number.
- Your regular occupation and job skills
- Name, address, telephone number, and dates of employment with each employer you worked for during the past 6 weeks
- The reason you became unemployed from each employer
- Dependents' names, Social Security numbers, and dates of birth
- If claiming dependents, your spouse's name, Social Security number, and birth date
- If you are not a U.S. citizen or national, alien registration number and expiration date
- If you had out-of-state employment, have worked for the federal government, or are separated from military service, more information is required, including: Form DD-214, member 4 copy (for military service), and SF-8 or SF-50 form (for federal government employment)
Totally unemployed means you performed no service for your employer, and no earnings or income are payable to you during the week you apply for benefits, you are totally unemployed.
Partially unemployed means your hours were reduced from full-time and your earnings are less than what your weekly unemployment benefit amount would be.
This can include a variety of circumstances, and you may be eligible if you are unemployed due to a lack of work (e.g., job abolished, business closed, etc…); because you were terminated (fired) without just cause; because you resigned (quit) with just cause; or are kept from working due to a lockout during a labor dispute. Other factors, such as whether you were a teacher or engaged in seasonal employment can also impact this determination. If you find your claim becomes denied, remember to contact an experienced unemployment attorney.
Covered employment. The vast majority of employers are subject to unemployment and therefore your work for them is covered employment. There are some exceptions, however, such as working for religious organizations.
Base Period. Your base period may be either your Regular Base Period or your Alternate Base Period. This gets complicated to explain, but the following chart simplifies the periods. The Regular Base Period is the first four of the last five completed calendar quarters, and the Alternate Base Period is the last four completed calendar quarters before your claim begins. First look to your Regular Base Period, and if you do not qualify then look at the Alternate Base Period.
If Claim Begins Between:
Regular Base Period Is:
7/2/2017 through 9/30/2017
4/1/2016 through 3/31/2017
10/1/2017 through 1/6/2018
7/1/2016 through 6/30/2017
1/7/2018 through 3/31/2018
10/1/2016 through 9/30/2017
4/1/2018 through 6/30/2018
1/1/2017 through 12/31/2018
7/1/2018 through 10/6/2018
4/1/2017 through 3/31/2018
10/7/2018 through 1/5/2019
7/1/2017 through 7/30/2018
If Claim Begins Between:
Alternate Base Period Is:
7/2/2017 through 9/30/2017
7/1/2016 through 6/30/2017
10/1/2017 through 1/6/2018
10/1/2016 through 9/30/2017
1/7/2018 through 3/31/2018
1/1/2017 through 12/31/2017
4/1/2018 through 6/30/2018
4/1/2017 through 3/31/2018
7/1/2018 through 10/6/2018
7/1/2017 through 6/30/2018
10/7/2018 through 1/5/2019
10/1/2017 through 9/30/2018
For claims filed in 2018, you must have average gross (before taxes and deductions) weekly earnings of at least $256 during your base period.
To determine your average gross weekly earnings, take earnings during your base period and divide it by the number of qualifying weeks.
For example, if you earned $12,500 during your base period, and you had 25 qualifying weeks, your average weekly earnings would be $500 ($12,500 in earnings ÷ 25 qualifying weeks = $500 average weekly earnings)
Your weekly benefit amount will be 1/2 of your average weekly earnings during your base period, up to a maximum limit that varies each year. This maximum limit depends upon your number of allowable dependents.
1 or 2
3 or more
For example, if your average weekly earnings was $1000, then your weekly benefit amount would be $500 ($1,000 ÷ 2 = $500) before the maximum limits. Therefore, if you had 0 dependents, your weekly benefit amount exceeds the maximum limit of $443.00, and you would therefore receive the limit of $443.00. If you had 1 or 2 dependents, however, the maximum limit would be $537.00. You would therefore receive your full weekly benefit amount of $500.00, because it does not exceed the maximum limit for 1 or 2 dependents.
ODJFS has provided the following documents that provide more information:
Unemployment benefits continue up to a maximum of between 20 and 26 weeks, depending on the number of your qualifying weeks in your base period. This can be, and has been, extended during times of economic hardship.
To maintain your benefits during this time, there are certain registration requirements, and you must file weekly claims to show unemployment that you are (a) able to work; (b) available for work; and (c) actively seeking work.
Your claim will be assigned to a processing center, who will send a questionnaire to your previous employer about your claim. As ODJFS determines your eligibility, they may ask you for more information. You will receive notices from ODJFS either by mail or e-mail, depending on the method you selected. If your claim is denied, or your employer appeals a granting of your eligibility, you should contact an attorney for help through the appeal process.
OUR RECENT CASES/NEWS
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 9/24/2018.
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 8/30/2018.
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 8/27/2018.
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 8/24/2018.
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 8/15/2018.
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 8/9/2018.
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 8/8/2018.
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 7/30/2018.
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 7/13/2018.
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 7/12/2018.
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 6/6/2018.
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 6/5/2018.
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 5/14/2018.
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 5/10/2018.
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 5/1/2018.
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 4/25/2018
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 wellbeing of the patients at risk. Unemployment Appeal Won 4/16/2018.
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 4/2/2018.
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 3/29/2018.
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 3/27/2018.
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 3/22/2018.
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 3/19/2018.
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 3/7/2018.
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 3/7/2018.
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 3/6/2018.
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 3/1/2018.
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 employer’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 2/26/2018.
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 2/26/2018.
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 2/22/2018.
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 12/22/2017.
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 12/22/2017.
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 12/18/2017.
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 12/12/2017
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 12/11/2017.
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 12/5/2017.
Employer lacked just cause to terminate an employee who was showing improvement: An employee who was put on a 60-day action plan was showing improvement, so the employer’s decision to terminate the employee before the 60 days had run lacked just cause. Unemployment Appeal Won 11/30/2017.
A mistake is not a lie: The Hearing Officer agreed that although the employee had made a mistake in what they stated to the employer, this was not a lie as alleged by the employer and therefore it lacked just cause to terminate. Unemployment Appeal Won 11/15/2017.
Employer who skipped progressive discipline steps lacked just cause to terminate: We showed that the employer lacked just cause to skip multiple progressive discipline steps to terminate when the employee’s error was unintentional. Unemployment Appeal Won 11/15/2017.
Employee had just cause to resign due to medical reasons, even though she did not seek other positions first: The employer had only two positions available, neither of which could the employee perform due to medical reasons, and therefore she had just cause to resign. Unemployment Appeal Won 11/1/2017.
Prior discipline insufficient cause to terminate: Although an employee had received a record of discipline, the Employer failed to show any misconduct between the last discipline and the termination that justified the termination. Unemployment Appeal Won 10/27/2017.
Employer lacked just cause to terminate an employee who was absent due to medical issues: The Hearing Officer agreed that the employer lacked just cause to terminate an employee who had absences due to medical issues beyond their control. Unemployment Appeal Won 10/20/2017.
ODJFS was in error when it denied benefits due to an inability to work: We demonstrated that, while the employee was not able to do their job at the time they were terminated, they were subsequently released to work without restrictions and therefore eligible for benefits. Unemployment Appeal Won 10/20/2017.
Employer lacked just cause to terminate an employee who did what he was trained: Employer had a written policy that it claimed the employee violated, but the Hearing Officer agreed that the actual training the employee received did not match the written policy. Unemployment Appeal Won 10/13/2017.
Employer did not have just cause to terminate employee for spreading rumors: Employer lacked just cause to terminate employee to prevent discussions about a flirtatious employee and the employer. Unemployment Appeal Won 10/12/2017.
Termination of employee for allegedly misusing an employer voucher was without just cause: Hearing Officer agreed that, even of the allegation were true, the employer’s own policy called for a coaching rather than a termination. Failure to follow its own policy meant it lacked just cause to terminate. Unemployment Appeal Won 10/11/2017.
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. Unemployment Appeal Won 9/21/2017.
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. Unemployment Appeal Won 9/19/2017.
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. Unemployment Appeal Won 9/7/2017.
Employer lacked evidence to justify termination for alleged assault: Employer's claim that employee attempted to assault another employee was not credible. Unemployment Appeal Won 9/5/2017.
Employee did not resign by leaving early from work: Employer's claim employee resigned was refuted by employee's email informing the employer they were just leaving early due to illness. Unemployment Appeal Won 8/30/2017.
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. Unemployment Appeal Won 8/30/2017.
Termination of employee who followed instructions was without just cause: Demonstrated that the employee was terminated for following instructions. Unemployment Appeal Won 8/29/2017.
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. Unemployment Appeal Won 8/16/2017.
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. Unemployment Appeal Won 8/3/2017.
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. Unemployment Appeal Won 7/28/2017.
Employee Error Did Not Warrant Termination: Employer lacked just cause to terminate an employee who was given unreasonable expectations. Unemployment Appeal Won 7/7/2017.
Allegations of Falsification of Records Not Substantiated: Smith's Law Offices showed that the employee followed the normal practice and had permission to adjust records. Unemployment Appeal Won 6/27/2017.
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. Unemployment Appeal Won 6/22/2017.
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 6/20/2017.
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 6/8/2017.
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 6/2/2017.
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. Unemployment Appeal Won 5/19/2017.
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. Unemployment Appeal Won 5/18/2017.
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. Unemployment Appeal Won 5/17/2017.
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. Unemployment Appeal Won 5/8/2017.
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. Unemployment Appeal Won 4/24/2017.
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. Unemployment Appeal Won 4/24/2017.
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. Unemployment Appeal Won 4/7/2017.
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. Unemployment Appeal Won 4/3/2017.
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. Unemployment Appeal Won 3/29/2017.
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. Unemployment Appeal Won 3/27/2017.
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." Unemployment Appeal Won 3/23/2017.
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." Unemployment Appeal Won 3/15/2017.
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. Unemployment Appeal Won 3/13/2017.
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. Unemployment Appeal Won. 3/13/2017.
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. Unemployment Appeal Won 3/6/2017.
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. Unemployment Appeal Won 3/3/2017.
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. Unemployment Appeal Won 2/28/2017.
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. Unemployment Appeal Won 2/14/2017.
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. Unemployment Appeal Won 2/8/2017.
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. Unemployment Appeal Won 1/23/2017.
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. Unemployment Appeal Won 12/27/2016.
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. Unemployment Appeal Won 12/27/2016.
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. Unemployment Appeal Won 12/21/2016.
20545 Center Ridge Rd.
Rocky River, OH 44116
Satellite Office Locations:
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South Euclid, Ohio