Ohio COVID-19 (Coronavirus) Unemployment Benefits

IMPORTANT UPDATES:
Coronavirus (COVID-19)

Pandemic unemployment assistant programs are set to end in Ohio on Sept. 4, 2021. Pending benefit applications and appeals for weeks on or before Sept. 4 will continue to be processed and considered after the expiration of the programs. New PUA and PEUC applications will continue to be accepted through Saturday, Oct. 2, but only for weeks of unemployment prior to Sept. 4. This will need to be done by telephone.

A. Mass Layoff Number: If you are out of work due to COVID-19, you should use Mass Layoff Number #2000180 when applying for benefits. Instructions on how to use the Mass Layoff Number can be found here and an ODJFS application guide can be found here.

B. Viewing Correspondence and Determinations: Ohio's online unemployment system continues to have problems due to the high number of new claims. People are receiving notices they they are not able to open until about seven days later. Some of these notices, such as Notices of Required Action, expire before they can ever be opened.

Determination Letters will not expire and provide for 21 days to appeal. Determinations explain whether a person is approved or denied and give reasons why. It is frustrating to see that a Determination was issued denying benefits and to be unable to open the Determination Letter to see why; however, it is best to wait until the Determination Letter can be viewed before appealing so the full reasons for the Determination can be evaluated and responded to. Deadlines should never be missed, but there should be ample opportunity to appeal after the Determination Letter can be viewed. Ohio has provided this FAQ that discusses this an other COVID-19 unemployment issues.

C. Ohio Executive Order Expanding Unemployment Benefits: The Ohio Governor issued an executive order making it easier for people affected by coronavirus to obtain unemployment benefits and there may be further changes to come. Updates regarding these changes can be found here: http://jfs.ohio.gov/ouio/CoronavirusAndUI.stm Here is what the Executive Order says for claimants:

Unemployed workers will include individuals requested by a medical professional, local health authority, or employer to be isolated or quarantined as a consequence of COVID-19 even if not actually diagnosed with COVID-19; and
Individuals totally or partially unemployed, or who are participating in the SharedWork Ohio Program will not be required to serve a waiting period before receiving unemployment insurance or SharedWork benefits; and
Waiver of work search requirements shall include those individuals requested by a medical professional, local health authority or employer to be isolated or quarantined as a consequence of COVID-19 even if not actually diagnosed with COV-19

D. Should you apply through the regular unemployment system or the PUA system?: This can be one of the most confusing questions. The PUA system is primarily for those people who did not meet the monetary requirements for regular unemployment (e.g., self employed, independent contractors, part-time workers), though it is also for people who meet one of the reasons for expanded benefits described below. The regular unemployment system is primarily for those who do meet the monetary requirements and are unemployed through no fault of their own (e.g., laid off, fired, resigned with just cause).

Many times people should qualify through the PUA system; however, because the system shows they might be monetarily eligible for regular unemployment it will kick them out of the system without providing any appeal rights as the law requires it to do. Such people may need to apply through the regular system first, receive a denial, and have the appeal deadlines expire before they can go back to the PUA system to apply.

Here is an info-graphic from ODJFS directing people to which system they should apply through.

E. Pandemic Unemployment Assistance (PUA): The Coronavirus Aid, Relief, and Economic Security (CARES) Act expanded unemployment benefits. Claimants can now apply for PUA benefits here. A step-by-step guide for apply for PUA benefits can be found here. Here is a link that describes some of the PUA benefits and their status. Here is a link to guidance from the Department of Labor. Hear is a link with DOL guidance regarding the Continued Assistance Act. Here is a link from ODJFS regarding the Continued Assistance Act. Here is a a link from ODJFS regarding the American Rescue Plan Act of 2021. The changes include:

American Rescue Plan Act of 2021: This act has extended benefits through September 4, 2021, including extending additional weeks of traditional unemployment extensions from 24 weeks to up to 53 weeks and additional weeks of PUA from 50 weeks to up to 79 weeks. Additionally, beginning for tax year 2020, individuals who legitimately received unemployment benefits will not be taxed federally for the first $10,200 in benefits.
Backdating: While claimants have been able to backdate their PUA claims, the Continued Assistance Act provides that first applications for PUA that are filed after December 27, 2020 may not be backdated earlier than December 1, 2020.

However, people who originally filed a regular UC claim and were denied may backdate their PUA claim to when they originally applied for regular unemployment. DOL Program Letter 16-20 Change 4 explains: "If an individual filed a regular UC claim on or before December 27, 2020, and the state later determines that the individual is not eligible for regular UC, the state should use the date the claimant filed the regular UC claim as the date of filing for the PUA claim, so long as the individual met the requirements for PUA as of that date. For example, if the individual filed a regular UC application on October 4, 2020 and the state determined the claimant was not eligible for regular UC on January 15, 2021, the PUA application will be deemed to have been filed on October 4, 2020 and the PUA claim will be backdated to that date."
Expanding benefits to include part-time employees, freelancers, independent contractors, gig workers, the self-employed, and others who also do not otherwise qualify for regular unemployment benefits AND fit into one of the following categories:

The individual has been diagnosed with COVID-19 or is experiencing symptoms of COVID-19 and is seeking a medical diagnosis.
Example (1): An individual who has to quit his or her job as a direct result of COVID-19 because the individual has tested positive for the coronavirus or has been diagnosed with COVID-19 by a qualified medical professional, and continuing work activities, such as through telework, is not possible by virtue of such diagnosis or condition;
Example (2): An individual who has to quit his or her job due to coming in direct contact with someone who has tested positive for the coronavirus or has been diagnosed by a medical professional as having COVID-19, and, on the advice of a qualified medical health professional is required to resign from his or her position in order to quarantine.
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A member of the individual’s household has been diagnosed with COVID-19.
- Example: A member of the individual’s household has been diagnosed as having COVID-19 by a qualified medical professional or a member of the individual’s household has tested positive for COVID-19 and the individual is unable to work as a result.
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The individual is providing care for a family member or a member of the individual’s household who has been diagnosed with COVID-19.
- Example: An individual is “providing care” for a family member or a member of the individual’s household if the provision of care requires such ongoing and constant attention that the individual’s ability to perform other work functions is severely limited. An individual who is assisting a family member who is able to adequately care for him or herself is not “providing care” under this category.
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A child or other person in the household for which the individual has primary caregiving responsibility is unable to attend school or another facility that is closed as a direct result of the COVID-19 public health emergency and such school or facility care is required for the individual to work.
- Example (1): An individual has “primary caregiving responsibility” for a child or other person in the household if he or she is required to remain at home to care for the child or other person.
- Example (2): This includes an individual whose job allows for telework, but for whom the provision of care to the child or other person with a closed school or other facility requires such ongoing and constant attention that it is not possible for the individual to perform work at home.
- Program Letter 16-20 Change 3 explains: "When the school system provides the individual with a choice between full-time in-person instruction and remote learning, it is open for students to be physically present at the school. If the individual who is the primary caregiver chooses to have the student(s) participate in remote learning instead of in-person instruction, the individual does not meet the provisions of [this] item."
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The individual is unable to reach the place of employment because of a quarantine imposed as a direct result of the COVID-19 public health emergency.
- Example (1): An individual who is unable to reach his or her place of employment because doing so would require the violation of a state or municipal order restricting travel that was instituted to combat the spread of COVID-19.
- Example (2): An individual may also qualify if he or she is unable to reach the place of employment due to a stay-at-home, shelter-in-place, or other order that requires an individual to stay home in quarantine to reduce the spread of COVID-19.
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The individual is unable to reach the place of employment because the individual has been advised by a health care provider to self-quarantine due to concerns related to COVID-19.
- Example (1): An individual who has been advised by a qualified medical professional that he or she may be infected with the coronavirus and that he or she therefore should self-quarantine. For example, an individual had direct contact with another person who has tested positive for the coronavirus or been diagnosed with COVID-19 by a qualified medical professional, and is advised by a health care provider to self-quarantine to prevent further possible spread of the virus. Such circumstances would render the individual unable to reach his or her place of employment.
- Example (2) (DOL PROGRAM LETTER NO. 16-20 Change 4): An individual whose immune system is compromised by virtue of a serious health condition and is therefore advised by a health care provider to self quarantine in order to avoid the greater-than-average health risks that the individual might face if he or she were to become infected by the coronavirus.
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The individual was scheduled to commence employment and does not have a job or is unable to reach the job as a direct result of the COVID-19 public health emergency.
- Example (1): An individual is unable to reach his or her job because doing so would require the violation of a state or municipal order restricting travel that was instituted to combat the spread of the coronavirus or the employer has closed the place of employment.
- Example (2): An individual does not have a job because the employer with whom the individual was scheduled to commence employment has rescinded the job offer as a direct result of the COVID-19 public health emergency.
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The individual has become the breadwinner or major support for a household because the head of the household has died as a direct result of COVID-19.
- Example: An individual whose head of household previously contributed the majority of financial support to the household died as a direct result of COVID-19, and the individual is now the person in the household expected to provide such financial support.
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The individual has to quit his or her job as a direct result of COVID-19.
- Example (Program Letter 16-20 Change 4): An individual was diagnosed with COVID-19 by a qualified medical professional, and although the individual no longer has COVID-19, the illness caused health complications that render the individual objectively unable to perform his or her essential job functions, with or without a reasonable accommodation. States should also note that, for purposes of [this] item . . ., an individual does not have to quit his or her job as a direct result of COVID-19 if paid sick leave or other paid leave benefits are available to the individual. Generally, an employee “has to quit” within the meaning of this Section only when ceasing employment is an involuntary decision compelled by the circumstances identified in this Section.
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The individual’s place of employment is closed as a direct result of the COVID-19 public health emergency.
- Example (1) (Program Letter 16-20 Change 4): If a business is shut down due to an emergency declaration or due to necessary social distancing protocols, the resulting unemployment of affected individuals would be considered a direct result of COVID-19. While a government-mandated closure is not necessary to satisfy this category, the claimant must be able to self-certify that the business was closed “as a direct result of the COVID-19 public health emergency.”
- Example (2) (Program Letter 16-20 Change 4): If a business has multiple parts and one or some of those parts is shut down due to restrictions imposed by COVID-19, affected staff from the parts of the business that shut down may be eligible for PUA. For example, a business may include both a restaurant and a brewery. If the individual’s place of employment is the restaurant and the restaurant is shut down because of the COVID-19 pandemic, even if the brewery continues to operate, the individual who was employed in the restaurant may be eligible for PUA. An individual who is working reduced hours while his or her place of employment continues to operate does not satisfy the conditions to self-certify under [this] item.
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The individual meets any additional criteria established by the Secretary for unemployment assistance under this section

1. Self-employed individuals (including independent contractors and gig workers) who experienced a significant diminution of their customary or usual services because of the COVID-19 public health emergency (Program Letter 16-20 Change 4):”

- Example (1): (DOL PROGRAM LETTER NO. 16-20) The Secretary has determined that, in addition to individuals who qualify for benefits under the other criteria described above, an individual who works as an independent contractor with reportable income may also qualify for PUA benefits if he or she is unemployed, partially employed, or unable or unavailable to work because the COVID-19 public health emergency has severely limited his or her ability to continue performing his or her customary work activities, and has thereby forced the individual to suspend such activities. For example, a driver for a ridesharing service who receives an IRS Form 1099 from the ride sharing service may not be eligible for PUA benefits under the other criteria outlined above, because such an individual does not have a “place of employment,” and thus cannot claim that he or she is unable to work because his or her place of employment has closed. However, under the additional eligibility criterion established by the Secretary here, the driver may still qualify for PUA benefits if he or she has been forced to suspend operations as a direct result of the COVID-19 public health emergency, such as if an emergency state or municipal order restricting movement makes continued operations unsustainable.
- Example (2): (DOL PROGRAM LETTER NO. 16-20 - Change 1) An independent contractor may be eligible for PUA if he or she is unemployed, partially unemployed, or unable or unavailable to work because of one of the COVID-19 related reasons listed in section 2102(a)(3)(A)(ii)(I) of the CARES Act. This includes an independent contractor who experiences a significant diminution of work as a result of COVID-19.

2. Individuals who refuse to return to work that is unsafe or accept an offer of new work that is unsafe. (DOL Program Letter No. 16-20 - Change 5).

“The individual has been denied continued unemployment benefits because the individual refused to return to work or accept an offer of work at a worksite that, in either instance, is not in compliance with local, state, or national health and safety standards directly related to COVID-19. This includes, but is not limited to, those related to facial mask wearing, physical distancing measures, or the provision of personal protective equipment consistent with public health guidelines.”
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This new COVID-19 related reason applies only to individuals who had already been receiving unemployment benefits but were determined to be ineligible or disqualified under state law because they refused an offer of work at a worksite that was not in compliance with local, state, or national health and safety standards directly related to COVID-19.

3. Certain individuals providing services to educational institutions or educational service agencies. (DOL Program Letter No. 16-20 - Change 5).

“An individual provides services to an educational institution or educational service agency and the individual is unemployed or partially unemployed because of volatility in the work schedule that is directly caused by the COVID-19 public health emergency. This includes, but is not limited to, changes in schedules and partial closures.”

- Example (1): Individual does not have a contract or reasonable assurance. An individual who: (1) has provided services to an educational institution or educational service agency; (2) lacks a contract or reasonable assurance and, as a result, is not subject to the “between and within terms” denial provisions; and (3) is not otherwise eligible for regular UC (or PEUC or EB) may self-certify eligibility for PUA under this new COVID-19 related reason if they are subject to significant volatility in the school schedule.
- Example (2): Individual has a contract or reasonable assurance. An individual is generally not eligible for PUA if they: (1) have provided services to an educational institution or educational service agency; and (2) are filing for a week that is between or within terms and they have a contract or reasonable assurance to return in the subsequent year or term, and, as a result, they are denied regular UC (or PEUC or EB). However, the individual may be eligible for PUA if they have other non-educational employment from which they are able to self-certify that they are unemployed, partially unemployed, or unable or unavailable to work for a different COVID-19 related reason.

4. Individuals experiencing a reduction of hours or a temporary or permanent lay-off. DOL Program Letter No. 16-20 - Change 5).

“An individual is an employee and their hours have been reduced or the individual was laid off as a direct result of the COVID-19 public health emergency.”

Under this new COVID-19 related reason, if an individual is laid off because the place of employment is partially closed (either permanently or temporarily) or the individual has experienced a reduction in hours, the individual may now self-certify eligibility.

F. FPUC: Up to an additional $600 per week in benefits, which will be applied retroactively to March 29, 2020 and last through July 25, 2020. If you are receiving unemployment, you do not need need to apply separately for PUA benefits to receive this additional $600.00.‍

G. FPUC Extension: Up to an additional $300 per week in benefits. The Continued Assistance Act, enacted on December 27, 2020, provides an additional $300 per week in benefits beginning December 26, 2020 and ending on or before March 14, 2020. The American Rescue Plan Act of 2021 extended these benefits until September 4, 2021. In May 2021, Governor Dewine decided to opt out of the additional $400 effective June 26, 2021.‍

H. MUEC: Up to an additional $100 per week in benefits for certain mixed earners: These are people who received both income as employees and self-employment income. They may qualify for this additional benefit if they i) have received at least $5,000 of self-employment income in the most recent taxable year prior to the individual’s application for regular UC, ii) are receiving a UI benefit (other than PUA) for which FPUC is payable, and iii) submit documentation substantiating their self-employment income. This additional payment does not apply to individuals collecting PUA.

I. PEUC - Extension of Unemployment Benefits: The CARES Act initially provided an additional 13 weeks of extended PEUC benefits. The Continued Assistance Act increased the 13 weeks to 24 weeks. The American Rescue Plan Act of 2021 then increased the 24 weeks to 53 weeks.

J. Contacting Unemployment: Ohio Unemployment continues to be difficult, or near impossible, to reach by telephone.
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For the regular unemployment system, this link provides telephone numbers to the various processing centers, which may or may not be easier to get through to than the general number. The fax number is 614-466-7449, but be sure to save a fax confirmation whenever sending anything by fax. They can also be emailed at JFS.UI_Respond@jfs.ohio.gov, though we hear they have not been responding to emails.

For the Pandemic Unemployment Assistance system, the call center number is (833) 604-0774 and the email is Progressive-PUA@jfs.ohio.gov

K. COVID-19 Weekly Claims: This is a guide to filing COVID-19 related weekly claims: https://bit.ly/2QXeRMV

L. COVID-19 Stimulus Checks: These do NOT need to be reported as earnings when filing weekly claims.‍

M. PUA Overpayments: Nearly one in five people who applied for PUA benefits have received notices that they were overpaid. ODJFS claims that it used reported income without verifying to get payments out quickly, but are now verifying income and adjusting payments. As a result, in the midst of the pandemic many people are seeing their benefits stopped and receiving notices that they need to pay back thousands of dollars. An appeal can be filed for these overpayment notices, though it should focus on the benefit amount that was determined (i.e., is the new benefit amount correct, did it consider all income?) rather than arguing that the overpayment should be waived because it is ODJFS's error.

The Continued Assistance Act passed in December 2020 authorizes states to waive the repayment if the state determines that the payment of PUA was without fault on the part of any such individual and such repayment would be contrary to equity and good conscience. Factors that a state may consider include whether "(a) It would cause financial hardship to the person from whom it is sought; (b) The recipient of the overpayment can show (regardless of his or her financial circumstances) that due to the notice that such payment would be made or because of the incorrect payment either he/she has relinquished a valuable right or changed positions for the worse; or (c) Recovery could be unconscionable under the circumstances." The waiver provision is permissive. Therefore the state may choose not to waive the PUA overpayment. At this time, it is unclear whether Ohio will allow waivers.

Many individuals who have overpayments have received the attached notice with instructions on how to request a waiver. If the payment is through no fault of the claimant (e.g., PUA had all of the records to make the correct determination) and it would create a financial hardship to have to pay back the overpayment (e.g., limited income, removes benefits at a time when most needed, places a great deal of debt upon the claimant), it may be helpful to point out these issues.

N. When Your Employer Asks You to Return to Work But it is Not Safe or You Are at High Risk: On June 16, 2020, Governor Dewine signed Executive Order 2020-24D, which makes it easier for people to turn down offers to return to work due to being at high risk, and yet still collect unemployment. Here is the pertinent text of that order:

When an employee is called back to work in the same position as prior to the Director of Health's special orders, there is a presumption that the position is considered "suitable work" under the Ohio Unemployment Insurance program. Individuals who refuse to return to work without good cause in order to obtain additional unemployment benefits may have their eligibility negatively impacted. During the period of the COVID-19 state of emergency, the following constitutes "good cause" for refusing suitable work:

A medical professional' s recommendation that an individual not return to work because he/she falls into a category that is considered "high risk" for contracting COVID-19 by the Centers for Disease Control and Prevention and the employer cannot offer teleworking options; or
The employee is sixty-five years of age or older; or
Tangible evidence of a health and safety violation by the employer that does not allow the employee to practice social distancing, hygiene, and wearing protective equipment; or
Potential exposure· to COVID-19 and subject to a prescribed quarantine period by a medical or health professional; or
Staying home to care for a family member who is suffering from COVID-19 or subject to a prescribed quarantine period by a medical or health professional.

CDC information about high risk categories can be found here.

O. Failing to Follow Safety Requirements? It is true that an employee can have just cause to resign if their employer failed to provide proper safety measures required by law. You can find Ohio's COVID-19 related requirements for employers who are reopening here. #3 of Executive Order 2020-24D may also be helpful, as it allows a person to turn down a job there is, "Tangible evidence of a health and safety violation by the employer that does not allow the employee to practice social distancing, hygiene, and wearing protective equipment." DOL Program Letter No. 16-20 - Change also lets people resign and recieve PUA benefits if their employer is not following required safety protocols.
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If an employee has safety concerns, they should communicate those concerns to their employer, describe how the employer is not complying with safety measures required by law, take the concerns up the chain of command if a resolution is not obtained, and give the employer an adequate opportunity to resolve the issues. Whenever possible, these communications should be done in writing and saved to be able to show Unemployment.That writing can be emails, letters or even text messages with screenshots of the messages saved. It may also help to also report the concerns to the local health department.

P. Tip for Dealing With PUA Denials. Many people receive multiple notices that deny them, seem to approve them, and place their benefits on hold as an issue is being resolved. They might receive a non-monetary determination that denies them and then a monetary determination that seems to approve them, even though the non-monetary determination will prevent payments until it is appealed and resolved. To develop a strategy, it is important to isolate each issue and to focus on the reason each determination is denying benefits. Each denial will have its own appeal track, so each reason needs evaluated and each denial needs appealed. Our first question when evaluating a case is, what reason does the Determination Notice state that you are denied and owe an overpayment?

Q. Do You Need an Attorney? We provide free telephone consultations to review this very question. Most times we are able to help and answer questions without the need of hiring an attorney. It is very important to contact an attorney when a case involves appeals. The first appeal step is done in writing and important for getting benefits started quickly. We cannot help with that first appeal step if we are contacted after it has already been filed, so contact us before you file the appeal. The second appeal step involves a telephone hearing is is usually both the best and last real opportunity to obtain a win. There is very little you or an attorney can do after the hearing, so be sure to contact an attorney before the hearing. We will talk about your case, offer free guidance, and if appropriate talk about legal representation with a contingency fee where we get paid only when we obtain a win for you.

Sample Employers We Have Prevailed Against

1-800-Flowers
22650 Vess LLC
Aaron's, Inc.
Ace Cash Express, Inc.
ACOSTA REMAINCO, INC.
Adecco USA, Inc.
Admired Residential Services LLC
Ads Alliance Data Systems, Inc.
Advanced Industrial Services, LLC
Advance Pierre Foods, Inc.
Advantage Sales & Marketing LLC
Ag Bells LLC
Ag-Pro Ohio, LLC
AIY Properties, Inc.
Akron City Board of Education
Akron General Partners, Inc.
Aldi , Inc.
All-Ohio Threaded Rod Co., Inc.
Allen Refrigeration Services, Inc.
Allstate of Youngstown LLC
Altaquip LLC
AM Industrial Group LLC
Amazon.com Services, Inc.
American Bottling Company Inc.
American Home Patient Inc.
American Pride Lawn & Landscaping
Americare Home Health of Bryan LLC
Ampro Computers Inc.
Amtrust North America, Inc.
Angel's Paws
Animal Hospital of Polaris, LLC
Anthem Companies, Inc.
Archbold Family Dental
Ariel Corporation
The Arms Trucking Co., Inc.
Ashland City Board of Education
Ashtabula County
Ashtabula County Medical Center
Associated Materials, LLC
AT&T Mobility Services, LLC
Atlantis Company, Inc.
Aventiv Research, Inc.
Avita Health System Inc.
Bar One II LLC
Barbara A. Hanson D.D.S. LLC
Baesman Group, Inc.
Bed Bath & Beyond, Inc.
Bef Foods Inc.
Berke Dental Center
Best Equipment Company Inc
Bettcher Industries, Inc.
Biomat USA, Inc.
BJ's Restaurant Operations Company
Blanchard Valley Regional Health Center
The Blue Berry Cafe, Inc.
Bluffton Hotel Corp.
Bm2Freight
Bob Belsterling et Al
Bolton Square Hotel Company, Inc.
Borcherding Parts, Inc.
BPI Recycling, LLC
Brightview LLC
Brookville Local Board of Education
Buckeye Cablevision, Inc.
C & R Welding Inc.
C T L Aerospace, Inc.
Cantex Inc.Cargill, Inc.
Capital City Consulting, Inc.
Carrols, LLC
The Carter Jones Lumber Company Inc.
Caruso Trucking Ltd.
Catastrophe Management Solutions
Catholic Charities Corporation
Catholic Health Care Partners
Cbocs, Inc.
Ccbcc Operations LLC
Centene Management Co., LLC
Certified Flooring Installation, Inc.
Charter Communications LLC
Cheeseman, LLC
Chi Omega Sorority
Children's Hospital Medical Center of Akron
Chippewa Community School, LLC
Chn Housing Partners
Cincinnati Bell Telephone Company LLC
Citizens Bank, National Association
City of Delaware
City of Mason
City of Middletown
Clerac LLC
Cleveland Clinic Foundation
Cleveland Die & Manufacturing Co., Inc.
Cleveland Wholesale Baking Company Inc.
Coblentz Distributing, Inc.
Cobra Plastics, Inc.
Community Health Partners Regional Medical Center, Inc.
Component Repair Technologies, Inc.
Computer Discount, Inc.
Contactus, LLC
Containerport Group, Inc.
Continental Real Estate Companies, Inc.
Continuum Care Hospice, LLC
Core Manufacturing LLC
Coronado Steel Co.
Corporation for the Promotion of
Rifle Practice and Firearms Safety - Camp Perry
Cortland Savings Banking Co.
Costco Wholesale Corporation
Coulter Ventures, LLC
Creative Fabrication Ltd.
Crescent Metal Products Inc.
Crossmark, Inc.
Crown Services
Custom Cable Construction, Inc.
Custom Deco, LLC
Cuyahoga County Commissioners
D and M Staff, LLCD-Flawless Inc
Daniel R. Whittaker Dmd Inc.
Danop, Ltd.Dave Hart
Denham Oilfield Service, Inc.
DenOneLLC
Department of Public Safety, Ohio Highway Patrol
Department of The Air Force
Department of the Treasury
Detroit Shoreway Community Development
Dialamerica Marketing, Inc.
Dillard Tennessee, Ltd.
Discover Bank
Djaro Inc.
Do It Best Corp Nelson Rd.
Domestic Linen Supply & Laundry Co.
Dometic Corporation
Donor Care Center, Inc
Drivetime Car Sales Company, LLC
DSW, Inc.
Earthgrains Baking Companies, Inc.
Easter Seals Tristate
Educational Service Center of Northeast Ohio
The Elevance Health Companies, Inc.
Elizabeth A. Zepf Community Mental Health Center, Inc.
Empaco Equipment Corporation
The Employer Group, Inc. (PEO)
Encore Rehabilitation Services, LLC
Energizer Manufacturing, Inc.
Erie County General Health District
Euclid City Board of Education
Exclusively Floors, LLC
Executive Care, Ltd.Exel, Inc.
Eyetique of Cleveland, Inc.
F&W Properties, Inc.
Falls Village Retirement Community ltd
Fairfield Medical Center, Inc.
Federal Reserve Bank of Cleveland, Inc.
FedEx Ground Package System, Inc.
FIA Card Services, N.A.
Fifth Third Bank
Foreign Brands Inc
Four Square Aggregates Ltd.
Fresh Thyme Farmers Market, LLC
Fusion, Inc.
Gabriel Brothers, Inc.
Geauga County Auditor
Gemma Power Systems, LLC
General Data Co., Inc.
General Die Casters, Inc.
General Mills Operations LLC
Germain Inc.
Giesecke & Devrient America Inc.
GLJMOW, LLC
Global Cooling, Inc.
Gm Mail Boxes, LLC
Good Samaritan Hospital & Health Center, Inc.
Greater Cleveland Regional Transit Authority (GCRTA)
Green Gourmet Foods, LLC
Green Impressions, LLC
Greens Equipment Group LLC
Greenstar LLC
Group Management Services, Inc.
Guardsmark LLC
Hahn Loeser & Parks Llp
Hahn Manufacturing Company, Inc.
Hamilton County Auditor
Hamilton County Park District
Hardee's
HCF of Court House, Inc.
Henkel Corporation
Hickey Metal Fabrication & Roofing, Inc.
Hickman & Lowder, Co., LP.A.
Higbee West Main, Ltd.
Home Depot USA, Inc.
Hopedale Mining, LLC
Horton Emergency Vehicles Company Inc.
Hose Master LLC
Hospice of Northwest Ohio
Humphrey Line
Hydrosol Systems, Inc.
Imagine Schools, Inc.
Innovative Fabrication, LLC
Insight Global LLC
Inspiron Logistics, LLC
Integrated Logistics Solutions LLC
Integrys Transporation Fuels LLC
Interstate Management Company, LLC
ISD Renal Inc.
J.B. Hunt Transport, Inc.
J J Delong Associates, Inc.
J. C. Ehrlich Co., Inc.
Jacobson Mfg. LLC
Jant Corp.
Jay Auto Group Services, LLC
Jay Industries, Inc.
Jegs Automotive Inc.
JLG Enterprises Inc.
JMS Furniture Ohio, Inc.
JohnDow Industries Inc.
Joseph T of D Co., (Inc.)
JP Morgan Chase Bank National Association
K&K Home Division, Ltd.
Kapolis Corp.
Keltec Inc.
Kettering Network Services (Inc.)
Koenning-Theobald Inc.
La Rosa's Inc.
Legrand NA, LLC
Lake PHO, Inc.
Lakes Venture, LLC
Lakeside April LLC
Lakeview Farms LLC
Lakewood Senior Campus, Inc.
Lambda Research, Inc.
The Landing At Canton LLC
Landpro Equipment LLC
Lane Construction Corporation
The Laurels of West Carollton, LLC
Lewis Imports LLC
Life Safety Enterprises, Inc.
Lincoln Heights Health Center
Logan County Prosecutor Office
Lorain County
Lowe's Home Centers, Inc.
Luxottica Retail North America, Inc.
M. Argueso & Co., Inc.
M V M Inc.
Mahle Behr Dayton LLC
Mahoning Valley Infusion Care Inc.
Mary Rutan Health Association Logan County
Marymount Hospital, Inc.
Maxim Healthcare Services, Inc.
Mayfield Lighting, Inc.
McDonald Steel Corporation
McKesson Medical Surgical Inc.
Meijer Group, Inc.
Menard, Inc.
Mercy Health Partners-Western Ohio, Inc.
Mercy Medical Center, Inc.
Mergers Marketing, Inc.
Meridian Industries, Inc.
Metro Cleveland Security Inc.
Miami Valley Gaming & Racing
Mill & Motion, Inc.
Mobis North America, LLC
Moran Foods LLC
Mosser Construction, Inc.
Motivepower Inc.
Mount Carmel Health System, Inc.
Murtis Taylor Human Services System
National Lime & Stone Co., Inc.
Nordstrom, Inc.
Norwood City Board of Education
OCCHealth Concepts, Inc.
Ohio Association of Second Harvest Foodbanks
Ohio Department of Taxation
Ohio Guidestone
Opportunities For Ohioans With Disabilities
OPRS Communities, Inc.
Optima Holdings, LLC
Optimized Senior Living Group
Orak Enterprises, LLC
Oriana House, Inc.
The Orlando Baking Co.
Orthopaedic Associates of Zanesville, Inc.
Orthotic & Prosthetic Services Inc.
Our Lady of The Wayside, Inc.
Paradise Hospitality Inc.
Parker Hannifin Corporation
Parma Community General Hospital Association
Patric O Brien Jr. Chevrolet III Inc.
PCC Airfoils, Inc.
Peoples Bank NA, Inc.
Performance Academies, LLC
Perrysburg Exempted Village Board of Education
Personnel Outsource Solutions, Inc.
Petsmart, Inc.PJ Pizza Ohio, LLC
Phf Automotive Ltd.
Pike County Recoveiy Council, Inc.
Plantation Animal Hospital
Pnc Bank Na
Porter Logistics Ltd.
Portrait Innovations, Inc.
PPC Airfoils, Inc.
Pratt Lewisburgh Corrugating, LLC
Precision Thermoplastic Components, Inc.
Premier Bank, Inc.
Premier Healthcare Solutions, Inc.
Premier Real Estate Management LLC
Print Direct For Less 2 Inc.
Progressive Casualty Insurance Co.
Pro-Tech Maintenance, LLC
Provider Services Holdings LLC
Purfoods LLCQHG of Massillon, Inc.
Quality Support, Inc.
Quantum Health, Inc.
Quintiles Commercial Us, Inc.
Radiant Technology Group, Inc.
Rail Link Inc
Rail Loading Services, LLC
Raising Cane's USA, LLC
R.C. Bremer Marketing Associates, Inc.
The Rdi Corporation
Reactive Resin Products Co.
Reliable Castings Corporation
Reuther Mold & Mfg. Co. Inc.
Revere Plastics Systems LLC
The Reynolds and Reynolds Co., Inc.
Rite Aid of Ohio, Inc.
Riverside Community Urban Development Corp.
RK Holdings, LLP
RMS of Ohio, Inc.
Robert J. Dittoe O.D., Inc.
Robinson Memorial Hospital
Ron Carrocce Trucking Co., Inc.
Rona Homes LLC
Ross Aluminum Castings LLC
Royal Plastics, Inc.
Ruan Logistics Corporation
Russell Cellular, Inc.
Rx Options, Inc.
Safeway Specialty Products, Inc.
Sage Client 468, LLC
Sammy's Staffing Services Inc.
Saturn of Dayton, Inc.
Select Employment Services Inc.
Seneca County Sheriff's Department
Serene Health Services of KY LLC
Shaker Heights City Board of Education
Shearer's Foods, Inc
Sheltering Arms Hospital Foundation, Inc.
Shepherd of the Valley Lutheran Retirement Service
Sherwin-Williams Co., Inc.
Siferd Plumbing Heating, Air Conditioning LLC
Sis-Bro, Inc.
SMI Crankshaft, LLC
Southwest General Health Center
Specialty Retailers, Inc.
Speedway, LLC
Spherion of Lima, Inc.
Spine Institute of Ohio LLC
Springbrook Express, LLC
St. Luke' s Hospital, Inc.
Stan Hywet Hall and Gardens, Inc.
Stanley Steemer International, Inc.
Staples Contract & Commercial, Inc.
ST3J Autism
Stark County Commissioners' Office
Steinhaus Restaurant
Steps Behavioral Consulting LLC
Stingray Logistics LLC
Stone Products Inc.
Stoneridge, Inc.
Sugar Creek Packing Co.
Summa Health
Summa Western Reserve Hospital LLC
Summit Country Day School, Inc.
Sunbelt Rentals, Inc.
Sunstates Maintenance Corporation
Super C Group LLC
Superior Metal Products, Inc.
Surgeforce, LLC
Swagelok Manufacturing Company
Sysco Cincinnati, LLC
Sysco Cleveland, Inc.
TA Operating LLC
Teays Valley Local Board of Education
The Tamarkin Company, Inc.
Thistledown Management LLC
Thompson Insurance Group, LLC
Tiks Thai Express, Inc.
The Tile Shop LLC
Time Warner Cable
Timekeeping Systems, Inc.
Tom's King Ohio, LLC
Total Quality Logistics LLC
Transglobal, Inc
Tri-County Hematology & Oncology Associates, Inc.
TriHealth G, LLC
Trubridge Inc.
Turner Mining Group, LLC
TWC (Time Warner Cable) Administration, LLC
UC EXPRESS
UC Health LLC
UH Regional Hospitals
Umicore Specialty Materials Recycling, LLC
Unifund Ccr LLC
United Energy Healthcare Workers Corp
United Healthcare Services, Inc.
U.S. Postal Service
Unity Trucking LLC
University of Cincinnati Physicians Company, LLC
Unlimited Advacare, Inc.
Upright Steel Fabricators & Erectors, LLC
US Well Services LLC
VYA, INC
Vector Technical, Inc.
Ventra Sandusky LLC
Village of Byesville
Vitamin Angel Alliance, Inc.
Vocational Guidance and Rehabilitation Services Inc
Wenger Traffic Corporation
Wal-Mart Associates, Inc.
Walton Healthcare Group, LLC
Wegman Construction Co., Inc.
Western Reserve Historical Society, Inc.
Whemco Ohio Foundry Division, Inc.
WJW Television, LLC
The Works: Ohio Center for History Art & Technology, Inc.
Worthington Services, LLC
Wrench, Inc.
Wurth Electronics ICS, Inc.
Zima Automotive LLC

Recent Cases/News

Successfully Challenging an ODJFS Benefits Denial

Our client faced a challenging situation when the Ohio Department of Job and Family Services (ODJFS) denied her unemployment benefits and demanded repayment of benefits she had already received. ODJFS claimed she was terminated with just cause. However, we demonstrated at a hearing that this was not the case. Despite being placed on a performance improvement plan (PIP) prior to her termination, our client never received notice of the PIP’s extension. Additionally, she had received a positive performance review after the PIP was implemented. We also highlighted that the employer failed to provide sufficient evidence of any fault on her part that would justify termination. The hearing officer ruled in our client’s favor. She was not only entitled to keep her prior benefits but also received the additional benefits she deserved.

Unemployment Appeal Won

November 15, 2024

Securing Justice in Misclassification: Winning Unemployment Benefits for Our Client

Our client initially faced a denial of unemployment benefits after her employer classified her as an independent contractor. However, there are strict guidelines that prevent employers from avoiding their obligations by misclassifying employees. For instance, the Ohio Department of Job and Family Services (ODJFS) considers twenty specific factors to assess whether an individual has been correctly classified. In this case, we presented compelling documentation and testimony that demonstrated our client’s true employment status. Ultimately, the hearing officer agreed with our position, recognizing the misclassification. As a result, our client prevailed in her hearing and secured her rightful benefits.

Unemployment Appeal Won

November 5, 2024

Overcoming a $20,000 Unemployment Repayment Demand

Years after our client received unemployment benefits, the Ohio Department of Job and Family Services (ODJFS) demanded repayment of nearly $20,000, claiming he was not unemployed when he applied for benefits. We thoroughly investigated the situation and represented him in a hearing with the Unemployment Compensation Review Commission. During the hearing, we demonstrated that, although our client held multiple part-time positions, he had, in fact, become unemployed from one of them. The hearing officer agreed, recognizing his status as partially unemployed, and ruled in his favor, overturning the repayment demand.

Unemployment Appeal Won

October 29, 2024

Successfully Securing Unemployment Benefits After Unjust Denial

After being unjustly terminated, our client applied for unemployment benefits but was denied by ODJFS, which argued she was not medically able to work. We stepped in to support her case, helping her prepare for the hearing and representing her to demonstrate that, despite her medical restrictions, she was indeed capable of working. Thanks to our efforts, she won her hearing and secured the unemployment benefits she deserved.

Unemployment Appeal Won

October 28, 2024

Unjust Termination During Medical Leave: How We Helped Our Client Secure Unemployment Benefits

When our client was injured and required time away from work to recover, her employer unexpectedly terminated her. Upon filing for unemployment benefits, she was dismayed to find her claim denied. We stepped in to represent her at a hearing, presenting clear evidence that her absence was due to a legitimate medical condition. Our advocacy led to a successful outcome—she won her unemployment benefits, ensuring the support she deserved.

Unemployment Appeal Won

October 25, 2024

Securing Benefits After Unjust Termination Without Proper Notification

Our client was terminated without any active disciplinary record after his employer claimed concern over a comment he allegedly made. However, the employer failed to address this concern with him before the termination. We highlighted this lack of communication, and as a result, we prevailed at his hearing, securing approval of his benefits.

Unemployment Appeal Won

September 20, 2024

Overturning Unemployment Denial Due to Uncommunicated Policy Change

Our client called off work to support her sister battling cancer, only to be terminated by a new manager for not notifying her absence more than an hour before her shift—a recently implemented rule that hadn’t been communicated to her. We demonstrated this lack of prior notice, and as a result, we prevailed at her hearing, securing a fair outcome for our client.

Unemployment Appeal Won

September 20, 2024

Securing Benefits After Unjust Termination Due to Medical Absences

Our client was terminated for attendance issues, yet we demonstrated that these absences were due to a legitimate medical condition. Through our advocacy, our client prevailed in the case and was awarded the benefits they rightfully deserved.

Unemployment Appeal Won

September 3, 2024

Winning Unemployment Benefits by Proving Eligibility

Our client was initially denied unemployment benefits when ODJFS determined she lacked sufficient qualifying weeks. We gathered detailed documentation of her earnings and presented this evidence at a hearing, demonstrating that she did, in fact, meet the requirements. The hearing officer agreed, and we successfully won her case, securing the benefits she deserved.

Unemployment Appeal Won

August 23, 2024

Unemployment Appeal Won After Termination for Alleged Threat

Our client was employed at a company that recently experienced a cyberattack. During a phone conversation, our client described the incident, comparing the attack to hackers "throwing a grenade" into the system. Surprisingly, this metaphor led to his termination, as the employer alleged he had made a threat. In a hearing, we demonstrated that no threats were made, clarified the context, and argued that the termination lacked just cause. We successfully advocated for our client’s right to unemployment benefits, and the hearing officer agreed—resulting in a win for our client.

Unemployment Appeal Won

August 22, 2024

Securing Unemployment Benefits After Unjust “Resignation”

Our client was informed she was being terminated for alleged performance issues but was given the option to resign instead. When she chose to resign, ODJFS initially ruled her ineligible for unemployment benefits. At the hearing, we demonstrated that this was a resignation in lieu of termination and should be considered a termination. We further showed that the employer lacked evidence to justify termination for cause. In the end, we won the hearing, securing our client the unemployment benefits she deserved.

Unemployment Appeal Won

August 22, 2024

Unemployment Benefits Won After Use of Profanity

Our client came to us after her unemployment benefits were initially denied. Her employer argued that they had just cause to terminate her for using profanity in the workplace. However, the full story revealed a different perspective. During the hearing, we demonstrated that the situation had been provoked by a supervisor who was verbally aggressive, using profanities toward our client. Under these circumstances, our client simply responded, "watch your f###ing tone when you are talking to me." We argued that this response did not constitute grounds for termination. The Hearing Officer agreed with our position, finding that this did not justify the employer's action. Thanks to our advocacy, our client received her rightful benefits. We are proud to support employees facing unfair treatment and will fight to protect their rights in challenging situations.

Unemployment Appeal Won

August 12, 2024

Unemployment Hearing Won:

Our client faced an unexpected challenge when he was placed on a performance improvement plan despite having no prior disciplinary record. Shortly after, he was terminated without any specific reason provided. When he initially filed for unemployment benefits, his claim was denied. Believing in his right to fair treatment, we appealed the decision and represented him in a hearing, presenting the facts that demonstrated his dedication and professionalism. Through our advocacy, we successfully won his benefits, ensuring he received the support he deserved.

Unemployment Appeal Won

July 31, 2024

Defending Our Client’s Right to Keep Her Pandemic Benefits

When our client was asked by the ODJFS to repay the pandemic unemployment benefits she had rightly received, we stepped in to help. Through a strong appeal, we successfully defended her case, ensuring she could keep the benefits she deserved.

Unemployment Appeal Won

July 30, 2024

Protecting Our Client Against Unjust Fraud Claims

Our client was wrongly accused of fraud by the ODJFS for collecting unemployment compensation, leading to a demand for repayment. We appealed this determination, successfully clearing her of any fraud and eliminating the overpayment claim. At our firm, we are committed to defending our clients against unfounded accusations and safeguarding their rightful benefits.

Unemployment Appeal Won

July 25, 2024

Fighting for Fair Treatment and Unemployment Benefits

Our client was unfairly terminated for a minor alleged infraction, despite a spotless disciplinary record. We guided her through the appeals process and represented her at the hearing, ultimately securing the unemployment benefits she deserved.

Unemployment Appeal Won

July 18, 2024

Protecting Our Client’s Right to Pandemic Benefits

Our client was initially approved for pandemic unemployment benefits, only for ODJFS to later demand repayment, alleging fraud. We appealed this determination, successfully clearing his name and ensuring he retained the benefits he was rightfully due.

Unemployment Appeal Won

July 12, 2024

Standing Up for Educators Protecting Their Students

Our client, a dedicated teacher, intervened swiftly to protect students during an unexpected fight. Instead of commending his actions, his employer terminated him, critiquing his response for not seeking help first and second-guessing his intervention technique. We challenged this unfair decision, prevailed at the hearing, and successfully secured his unemployment benefits.

Unemployment Appeal Won

July 11, 2024

Securing Unemployment Benefits for a Wrongfully Denied Claim

Our client, employed through a temporary agency, was informed that his assignment had ended. Despite his repeated efforts to secure a new assignment, the agency claimed he failed to follow up and had therefore resigned. We represented him at a hearing, demonstrating that he was, in fact, unemployed through no fault of his own. As a result, he prevailed and received the unemployment benefits he rightfully deserved.

Unemployment Appeal Won

July 8, 2024

Defending Against Unjust Fraud Claims in Unemployment Cases

ODJFS accused our client of fraud in receiving unemployment benefits, demanding repayment of alleged overpaid funds. We appealed this decision, successfully clearing our client of fraud and eliminating the overpayment claim.

Unemployment Appeal Won

June 28, 2024

Reversing Unjust Fraud Determinations on Unemployment Benefits

Years after receiving unemployment benefits, our client was unexpectedly accused of fraud by ODJFS, with a demand for repayment. We represented him, successfully reversing these determinations and eliminating the claimed overpayment.

Unemployment Appeal Won

June 26, 2024

Successfully Eliminating Unjust Unemployment Overpayment Claims

ODJFS accused another client of fraudulently receiving unemployment benefits, seeking repayment. We appealed this determination, prevailed, and eliminated the overpayment entirely.

Unemployment Appeal Won

June 26, 2024

Securing Unemployment Benefits Despite Unfair Termination

Our client was fired after discussing his pay with his boss. While leaving, he allegedly used profanity, but we demonstrated at the hearing that this occurred after his termination. His conduct prior to being fired did not warrant termination, and we prevailed, securing his unemployment benefits.

Unemployment Appeal Won

June 24, 2024

Defending Against Unjust Termination Due to Conflicting Instructions

Our client was put in an impossible position, receiving conflicting instructions from different supervisors and then being terminated for choosing which directive to follow. At the hearing, we demonstrated that the employer lacked just cause for termination, resulting in a favorable decision for our client.

Unemployment Appeal Won

June 20, 2024

Successfully Challenging Unjust Termination Due to Alleged Performance Issues

Our client was placed on a performance improvement plan (PIP) and later terminated for supposedly not meeting performance expectations. At the hearing, we demonstrated that the employer lacked credible evidence to support these claims. As a result, we prevailed, and our client was approved for her unemployment benefits.

Unemployment Appeal Won

May 31, 2024

Securing Unemployment Benefits After Unjust Job Reassignment

Our client was unfairly removed from her role as a Regional Sales Manager and reassigned to a warehouse position at a significantly reduced salary. Faced with this demotion, she chose to resign. Initially, ODJFS denied her unemployment claim, but we stepped in, represented her at the hearing, and demonstrated that she had just cause to resign. As a result, she successfully secured her benefits.

Unemployment Appeal Won

May 30, 2024

Clearing Unjust Fraud Claims in Unemployment Compensation

ODJFS accused our client of fraudulently receiving unemployment compensation, demanding repayment of alleged overpayments. We appealed this determination and successfully had the fraud claims and overpayment demands removed.

Unemployment Appeal Won

May 28, 2024

Successfully Overturning Unjust Unemployment Fraud Allegations

Our client faced accusations of unemployment fraud, along with demands for alleged overpayments. We represented her at the hearing, where we successfully challenged these claims, resulting in the removal of both the fraud determination and overpayment demands.

Unemployment Appeal Won

May 24, 2024

Successfully Challenging Unjust Termination Due to Policy Misapplication

Our client was terminated for allegedly missing a safety meeting without prior notice. At the hearing, we demonstrated that, even if true, this infraction did not warrant termination under the employer’s own policy. As a result, we prevailed, securing a favorable outcome for our client.

Unemployment Appeal Won

May 21, 2024

Overturning Unjust Unemployment Fraud Accusations

Another client was wrongly accused of unemployment fraud, facing a substantial overpayment demand from ODJFS. Through the appeal process, we successfully reversed the determination, eliminating the repayment claim and securing a fair outcome for our client.

Unemployment Appeal Won

May 20, 2024

Successfully Overturning Unemployment Fraud Allegations

ODJFS accused our client of fraudulently receiving unemployment benefits, demanding repayment for alleged overpayments. We appealed this determination, won the case, and had the overpayment claim eliminated.

Unemployment Appeal Won

May 13, 2024

Eliminating Unjust Unemployment Fraud Claims

ODJFS accused our client of fraudulently collecting unemployment benefits and demanded repayment. We appealed the decision, successfully overturned the claim, and eliminated the overpayment.

Unemployment Appeal Won

May 6, 2024

Successfully Eliminating Unjust Unemployment Fraud Claims

Another client faced accusations of fraud and was ordered to repay her unemployment benefits. We appealed this decision, won the case, and eliminated the overpayment demand entirely.

Unemployment Appeal Won

May 3, 2024

Securing Unemployment Benefits by Challenging Unjust Denial

To qualify for unemployment, a claimant must be able to work, available for work, and actively seeking work. Our client was denied benefits after ODJFS exaggerated a minor medical issue, wrongly concluding she was unable to work. At the hearing, we demonstrated that she was fully capable of working despite her condition. As a result, we prevailed, and our client received the benefits she deserved.

Unemployment Appeal Won

May 1, 2024

Overturning Unjust Unemployment Fraud Accusations

Our client was wrongfully accused of fraud when applying for unemployment benefits. We appealed the decision, demonstrated that no fraud occurred, and successfully secured the approval of his benefits.

Unemployment Appeal Won

May 1, 2024

Overturned PUA Overpayment and Fraud Determination

Our client received Pandemic Unemployment Assistance (PUA) benefits in 2020. She was later shocked to receive a Determination from the unemployment agency that she had been overpaid and had committed fraud. We immediately filed an appeal on her behalf and fought vigorously to protect her rights. We are pleased to report that we prevailed, and our client's benefits were approved!

Unemployment Appeal Won

April 26, 2024

Successful Appeal of Pandemic Unemployment Overpayment

Our client received multiple determinations from the Ohio Department of Job and Family Services (ODJFS) stating she was required to repay all the pandemic unemployment benefits she had received. These notices arrived long after she had stopped collecting benefits, causing her to miss the appeal deadline. We took immediate action: filing an appeal, representing her at a hearing, and demonstrating valid reasons for the delayed appeal. Our efforts led to a successful reversal of the overpayment decision, ensuring our client did not have to repay the benefits.

Unemployment Appeal Won

April 25, 2024

Securing Unemployment Compensation After Unjust Termination

Our client faced termination based on allegations from co-workers regarding statements she allegedly made. At the hearing, we demonstrated that the employer did not adhere to its own progressive discipline policy, neglected to conduct a thorough investigation, failed to speak with our client prior to issuing disciplinary action, and could not provide credible evidence supporting the allegations. As a result, we successfully won the hearing, securing unemployment compensation for our client.

Unemployment Appeal Won

April 24, 2024

$16,000 Unemployment Overpayment Eliminated After Successful Appeal

In another case, we successfully appealed an unemployment fraud determination, resulting in the elimination of an overpayment exceeding $16,000. Our efforts relieved our client of a substantial financial burden by overturning the initial decision.

Unemployment Appeal Won

April 22, 2024

Fraud Determination Overturned, Overpayment Eliminated

Another client of ours received a fraud determination from ODJFS, resulting in a significant overpayment demand. We filed an appeal on her behalf, successfully contested the determination, and ultimately eliminated the overpayment, relieving her of the financial burden.

Unemployment Appeal Won

April 22, 2024

Unemployment Fraud Claim Reversed, Benefits Reinstated

One of our clients was issued a determination from ODJFS alleging fraud in her unemployment application, with a demand to repay all benefits received. We swiftly filed an appeal and succeeded in reversing the determination, confirming that she was rightfully entitled to the benefits she collected.

Unemployment Appeal Won

April 22, 2024

Fraud Allegation Overturned, No Repayment Required

Our client received a notice from ODJFS accusing her of fraud and demanding repayment of all unemployment benefits she had received. We promptly appealed this decision, representing her throughout the process. Our appeal was successful, and as a result, the fraud allegation was overturned, eliminating her obligation to repay any benefits.

Unemployment Appeal Won

April 22, 2024

Fraud Allegation Overturned, Overpayment Eliminated

Our client faced a fraud accusation from ODJFS, along with a demand to repay all of his unemployment benefits. We promptly filed an appeal and successfully contested the claim, resulting in the complete elimination of the overpayment requirement.

Unemployment Appeal Won

April 16, 2024

Unemployment Benefits Restored After Fraud Determination Overturned

Our client’s unemployment benefits were halted when ODJFS alleged he had committed fraud. We promptly appealed and represented him in a hearing, where we successfully contested the fraud determination. As a result, the fraud allegation was removed, and his benefits were restored.

Unemployment Appeal Won

April 16, 2024

Fraud Determination Overturned Years After Unemployment Collection

Years after receiving unemployment benefits, our client was confronted by an ODJFS claim alleging fraud due to a supposed failure to verify his identity. We challenged this unfounded determination, filed an appeal, and successfully eliminated the overpayment demand, resolving the matter in our client’s favor.

Unemployment Appeal Won

April 15, 2024

Overpayment Eliminated After Fraud Claim Successfully Contested

Another client of ours faced an impending overpayment demand from ODJFS, which claimed she committed fraud in her unemployment application. We demonstrated that this was unfounded, prevailed in her appeal, and eliminated the overpayment entirely.

Unemployment Appeal Won

April 15, 2024

Unemployment Benefits Upheld After Unjust Termination Appeal

Our client was terminated largely due to mistakes made by other employees, yet her employer appealed her unemployment benefits. We represented her at the hearing, where the Hearing Officer sided with us, stating, "Specifically, the expectations were not reasonable. The employer has not established that the claimant was directly responsible for either incident the claimant's supervisor cited at the hearing." Thanks to this ruling, our client retained her right to unemployment benefits.

Unemployment Appeal Won

April 12, 2024

Fraud Allegation Overturned, Unemployment Benefits Confirmed

Long after receiving her unemployment compensation, our client was notified that her benefits were allegedly overpaid and that she had committed fraud. We represented her in a hearing, where we successfully demonstrated her entitlement to the benefits. As a result, the fraud determination was overturned, affirming her right to the compensation she received.

Unemployment Appeal Won

April 8, 2024

Unemployment Fraud Claim Reversed, Overpayment Eliminated and Backpay Secured

Our client, who had been receiving unemployment compensation, suddenly had his benefits denied when ODJFS accused him of fraud. We promptly appealed, successfully overturned the fraud determination, and eliminated the overpayment. In addition, we secured a backpayment for him, ensuring he received the compensation he was rightfully owed.

Unemployment Appeal Won

April 5, 2024

PUA Overpayment Demand Reversed Years After Initial Benefits

Years after receiving Pandemic Unemployment Assistance (PUA) benefits, our client was confronted with an ODJFS demand to repay all funds due to alleged fraud. We appealed the determination, successfully won the case, and eliminated the overpayment, relieving our client of any repayment obligation.

Unemployment Appeal won

April 4, 2024

Unemployment Benefits Secured After Unjust Termination Due to Medical Absences

Our client faced termination due to multiple absences; however, she provided medical documentation proving her absences were for legitimate health reasons. In the hearing, we demonstrated to the hearing officer that her termination was without just cause, as she was not at fault for the absences. As a result, our client successfully retained her unemployment benefits.

Unemployment Appeal Won

April 1, 2024

Another Unemployment Fraud Appeal Won:

Our client received unemployment benefits in 2020, only to find ODJFS demanding all of his benefits be paid back in 2024 due to alleged fraud. We appealed and prevailed, eliminating the fraud determination and the overpayment.

Unemployment Appeal Won

March 27, 2024

Unemployment Hearing Won:

Our client was terminated and found her employer claiming that she had received multiple prior warnings. She had not. Further, the employer had no documentation to verify any prior warnings were given. As a result, we prevailed at the hearing, securing our client's benefits for her.

Unemployment Appeal Won

March 26, 2024

Unemployment Fraud Appeal Won:

Years after receiving unemployment compensation, our client received three notices claiming she was overpaid. They demanded that she repay all of her benefits until we successfully appealed the determinations and eliminated the overpayments for her.

Unemployment Appeal Won

March 26, 2024

Unemployment Hearing Won - No Just Cause to Terminate:

Our client found his employer throwing whatever they could at him to get his unemployment benefits denied. They claimed he was terminated with just cause for no-call/no-shows, but we showed he actually worked on the dates the employer claimed he was not work, and he called off on two other dates. The employer then claimed that our client quit, but again, we showed that had simply called off for two dates. After shutting down every argument the employer raised, we prevailed at the hearing.

Unemployment Appeal Won

March 25, 2024

Unemployment Hearing Won:

Our client was terminated for the ridiculous reason of not completing an I9 verification. As it turns out, he provided all of the required documents, and "It was the employer's failure to review and verify those documents that resulted in the separation." As a result, we prevailed at the hearing and obtained the benefits for our client.

Unemployment Appeal Won

March 22, 2024

Another PUA Fraud Appeal Won:

We prevailed with another PUA fraud appeal, keeping back the State's attempt to reclaim thousands of dollars that our client rightly received through the pandemic unemployment system.

Unemployment Appeal Won

March 21, 2024

Unemployment Appeal Won:

Our client was receiving benefits while working at a part-time job, which eventually ended. ODJFS insisted that he was still working at that job and denied his benefits. Through a hearing, we set things straight, prevailed, and obtained a release of his benefits.

Unemployment Appeal Won

March 20, 2024

Unemployment Won After Termination For Safety Violation:

Our client was performing work and reported safety concerns. The employer chose to disregard the concerns and then found itself cited by OSHA. The employer terminated our client, attempting to place the blame on him. However, through a hearing we showed the fault rest upon the employer, not our client. As a result, we won the hearing and our client was approved for his benefits.

Unemployment Appeal won

March 19, 2024

Late Unemployment Identity Appeal Won:

Our client received a determination notice claiming that she owed all of her unemployment benefits back because she did not prove she was who she said she was. That determination notice was issued after she collected her benefits, so she missed the 21-day appeal deadline. We accepted her case and first went through a hearing showing she had good cause for submitting the appeal late. We then went through a second hearing proving she was who she said she was. As a result, we prevailed and the overpayment was eliminated.

Unemployment Appeal Won

March 19, 2024

PUA Fraud Appeal Won:

We prevailed with another PUA Fraud determination, that would have resulted in our client repaying thousands of dollars.

Unemployment Appeal Won

March 14, 2024

Unemployment Hearing Won - No Just Cause to Terminate:

After working at his job for more than 10 years, receiving promotions along the way, our client's employer terminated him claiming he was failing to meet performance expectations. Through a hearing, we showed that this was not true and that the performance expectations and job duties changed frequently throughout his career. As a result, he won his hearing and his benefits.

Unemployment Appeal Won

March 14, 2024

Unemployment Hearing Won Against Federal Government:

Our client was employed through Department of the Air Force, which allegedly conducted a review of her group and then five months later terminated her as a result of that review. We showed that the investigation was faulty, that she had no prior discipline, and that the five month delay was unexplainable. As a result, we won her hearing and her benefits for her.

Unemployment Appeal Won

March 14, 2024

Unemployment Hearing Won:

After our client was terminated for alleged dishonesty and insubordination, we represented her through a hearing where the hearing officer concluded, "The available record does not support a conclusion that claimant acted in a willful or deliberate manner so as to intentionally disregard the employer's interests." As a result we prevailed at the hearing for our client.

Unemployment Appeal Won

March 14, 2024

PUA Fraud Appeal Won:

Another of our clients received a determination notice claiming the PUA benefits were fraudulent. The notice demanded all of the benefits, as well as penalties, be repaid. Through the appeal steps, we prevailed - eliminating the overpayment and fraud determination.

Unemployment Appeal Won

March 8, 2024

Another PUA Fraud Appeal Won:

With many people receiving PUA fraud determinations, we are steadily prevailing with our appeals to remove the determinations and overpayments, as we did with another client today.

Unemployment Appeal Won

March 8, 2024

PUA Unemployment Fraud Determination Won:

Our client received a notice years after she finished collecting PUA unemployment accusing her of fraud. By strategically appealing this determination, we obtained a win, the fraud determination was removed, and the overpayment Ohio was attempting to collect was removed.

Unemployment Appeal Won

March 1, 2024

PUA Fraud Appeal Won:

Another of our clients received a fraud determination years after they stopped collecting PUA benefits. By catching the determination quickly and taking all steps to get the determination reversed, we obtained a dismissal of the fraud determination within a couple weeks.

Unemployment Appeal Won

March 1, 2024

Unemployment Won After Accusation of Sexual Harrassement:

Our client had a consensual relationship with a co-worker. He had no supervisory authority of the co-worker. The employer also had no rules prohibiting tow employees from having a consensual relationship. However, after the co-worker's significant other learned of the relationship, she resigned. The employer terminated our client claiming he violated a sexual harassment policy. However, during the hearing, no harassment was shown and no rule violation was shown. As a result, we prevailed at the hearing and our client won his unemployment benefits.

Unemployment Appeal Won

February 28, 2024

Unemployment Appeal Won for Remote Worker:

Our client was working remotely when his boss started to complain about it. While in the midst of these discussions, the employer suddenly terminated his employment and challenged his unemployment benefits. Through a hearing, we showed that our client did not demonstrate an unreasonable disregard for the employer's interests. As a result, we won the unemployment benefits.

Unemployment Appeal Won

February 26, 2024

PUA Fraud Appeal Won:

Another of our clients was issued a fraud determination from ODJFS, claiming all of his pandemic unemployment benefits should be repaid, along with a fraud penalty. We prevailed with his appeal, eliminating the overpayment and eliminating the fraud determination.

Unemployment Appeal Won

February 23, 2024

Unemployment Appeal Won After Termination:

Our client worked remotely. She kept track of her hours and the employer's computer systems kept track of some, but not all, of the tasks she was working. Without any prior discipline, the employer terminated her claiming she committed payroll fraud because their tracking did not align. We showed the employer's systems were not reliable and we emphasized the employer failure to follow its own progressive discipline policy. As a result, we prevailed with her appeal, obtaining her unemployment benefits for her.

Unemployment Appeal Won

February 23, 2024

PUA Fraud Appeal Won:

Many people are receiving fraud determinations from ODJFS for their PUA benefits received years ago. We helped another such client get rid of the fraud determination and overpayment demand by processing her appeal, with the knowledge of what ODJFS needed to reverse their decision

Unemployment Appeal Won

February 22, 2024

Unemployment Appeal Won After Termination During Resignation Period:

Our client provided a 30-day resignation notice at which point the employer accepted the resignation effective immediately and failed to pay her through the notice period. We won the hearing, with the Hearing Officer adopting the following accepted rules for resignations: "When an employee is discharged during a notice of resignation period and the employer does not pay the employee for the balance of hours of that period, the question then becomes whether the employer had just cause in connection with work to support the discharge. In order to constitute a justifiable reason for discharge, the employer must have reasonably communicated the reason for discharge to the employee prior to the employee's submission of the resignation. . . . The employer unilaterally decided not to have claimant work out the 30-days given in her notice. This was the employer's decision and not that of claimant."

Unemployment Appeal Won

February 16, 2024

Unemployment Benefits Won:

After being terminated for allegedly causing a pallet to fall while operating a forklift, our client found his unemployment benefits denied too. Through a hearing, we showed that there was no financial loss to the employer as a result, and that termination was disciplinary overkill. The hearing officer agreed that there was no just cause to terminate and approved our client's benefits.

Unemployment Appeal Won

February 15, 2024

Unemployment Benefit Appeal Regarding Benefit Amount Approved:

When ODJFS determined the weekly benefit amount for our client, it shorted him credit for all of his employment. We appealed the determination collecting documentation of his actual pay rate, and as a result ODJFS increased his weekly benefit amount. It also issued him a backpayment for the shortages.

Unemployment Appeal Won

February 15, 2024

PUA Fraud Appeal Won:

Our client received a notice years after he received PUA unemployment compensation claiming that he failed to prove his identity and that he committed fraud. By gathering and submitted the correct documentation, we won his appeal.

Unemployment Appeal Won

February 8, 2024

Unemployment Hearing Won:

Our client was disciplined and asked to write an action plan for herself. When she turned in the action plan, the employer terminated her claiming it was dissatisfied with her plan. We showed the hearing officer that this was insufficient for just cause and as a result, her unemployment benefits were won.

Unemployment Appeal Won

February 4, 2024

OVI Charges Dismissed

Our client was charged with an OVI; however, through extensive negotiations we obtained a dismissal of the charges with her pleading to a traffic citation instead.

Ottawa County Municipal Court

February 2, 2024

Unemployment Hearing Won - Claimant Able to Work:

To qualify for unemployment benefits each week a claimant must, among other things, be able to work. Our client found his benefits denied because he had an outpatient medical procedure. Through a hearing, we showed this procedure did not keep him from being able to work. We prevailed at the hearing, winning his benefits for him.

Unemployment Appeal Won

January 23, 2024

Unemployment Appeal Won - No Just Cause to Terminate for Attendance:

Although our client was terminated due to general concerns with her attendance, through a hearing we showed that the employer lacked evidence of prior discipline and lacked evidence of specific policies regarding attendance. We prevailed, winning our client's unemployment benefits for her.

Unemployment Appeal Won

January 23, 2024

Unemployment Appeal Won After Termination for Complaints:

Our client had been disciplined at the employer, including a final warning, for alleged complaints against him. He then found himself terminated and his employer appealing his unemployment benefits. Through a hearing, we showed that the employer lacked evidence to support its allegations. It failed to present the alleged complainants as witnesses and failed to provide statements from them. As a result, the Hearing Officer agreed the Employer failed to show just cause for the termination. We won the hearing and our client received his benefits.

Unemployment Appeal Won

January 19, 2024

Unemployment Appeal Won - No Just Cause to Terminate for a Bad Mood:

Our client was having a hard day and was in a bad mood while at work. At one point he rolled his eyes. The employer terminated him and his unemployment benefits were denied until we prevailed at his hearing by showing that he had no prior discipline and there was no evidence that his mood caused any specific performance issues. As a result, his benefits were approved.

Unemployment Appeal Won

December 28, 2023

Unemployment Appeal Won - No Just Cause to Terminate For General Concerns:

Our client was terminated due to general concerns regarding his job performance, even though had not received any prior discipline or warnings. We prevailed at the hearing, showing a lack of just cause to terminate. As a result, our client won his unemployment benefits.

Unemployment Appeal Won

December 20, 2023

Unemployment Won For Person Unable to Work Due to Medical Reasons:

Our client was placed on light duty as a result of a medical condition. His employer did not allow him to work his physically demanding job while on light duty, so he applied for unemployment. To prevail, we showed (a) that he was unable to work his job due to a bona fide medical reason, but (b) he was able to work other jobs under the same restrictions. As a result, we prevailed at his hearing and he won his benefits.

Unemployment Appeal Won

December 15, 2023

Unemployment Appeal Won - No Just Cause to Terminate for Quotas:

When an employer terminates an employee for failing to meet performance expectations, they must show that the (a) the expectations were made known at the time of hire, (b) the employee did not meet the expectations, (c) the expectations were reasonable, and (d) the requirements of the job did not change since the date of hire. Although our client was terminated for failing to meet sales goals, we showed that the goals were not reasonable, and as a result we prevailed at his hearing.

Unemployment Appeal Won

December 14, 2023

Unemployment Won After Termination for Saying, "I'm done":

Our client informed his employer that he would be looking for another job. They called him into a meeting as a result and engaged in a heated discussion, during which he said, "I'm done." The employer attempted to argue that this was a resignation. We showed that it was not a resignation. He was simply done with the meeting. A supervisor followed him to his desk, telling him to pack his things and leave. The employer had no other just cause to terminate and therefore we prevailed with the hearing.

Unemployment Appeal Won

December 13, 2023

Unemployment Won - COVID Did Not Bar Benefits:

To qualify for unemployment, a person must be able to work each week that they file claims. Our client experienced a mild case of COVID only to find ODJFS denied all of his benefits after for being unable to work. Through a hearing we showed this was absurd - that our client was able to work despite a mild case of COVID. As a result, he received his benefits.

Unemployment Appeal Won

December 7, 2023

Unemployment Appeal Won:

Our client found his employer appealing his unemployment benefits through to a hearing. At that hearing, we established that the employer lacked evidence of misconduct and, in truth, was altering its reasons for the termination as it saw fit. As a result, we prevailed at the hearing and our client received his benefits.

Unemployment Appeal Won

December 4, 2023

Unemployment Won - Verified Employment:

Our client, like many, found himself denied unemployment benefits because his employer did not properly report his income. We were able to prevail with his appeal, obtaining his benefits for him.

Unemployment Appeal Won

December 4, 2023

Unemployment Appeal Won - ID Verification:

Many people are finding their unemployment claims denied for allegedly failing to meet ODJFS's identity verification requirements. We have been able to help every person who has received such a denial obtain their benefits. It is important to understand and know what documents ODJFS requires. We work with our clients to obtain those documents, we review and ensure they contain the required documentation, and then we pursue their case through the appeal process to obtain a win, as we did today.

Unemployment Appeal Won

November 30, 2023

Unemployment Appeal Won:

When a person quits a job to accept another job, ODJFS will determine this to be a disqualifying separation that suspends benefits until the person has worked six weeks at a new job, or if they started they new job within 7 days of leaving the first job, they must work the new job for at least three weeks. ODJFS frequently becomes confused about this rule or they do not see records from the new job in their system. As a result, and as with the client we obtained a win for today, we pursue the appeal process showing ODJFS the new employment and educating them about this rule.

Unemployment Appeal Won

November 29, 2023

Unemployment Appeal Won Despite PIP:

Our client was placed on a Performance Improvement Plan (PIP) with goals to meet. She was not told that her job was in jeopardy and at regular meetings about her goals, she was not told that she was failing to meet any of them. The employer ultimately terminated her for failing to meet the goals. The Hearing Officer agreed that the employer lacked just cause to do so. As a result, we won the hearing for our client.

Unemployment Appeal Won

November 16, 2023

Unemployment Appeal Won - No Just Cause to Terminate for Using Phone:

After our client was terminated for using his cell phone at work and denied unemployment benefits, we represented him through his hearing. We showed that he received no prior discipline for similar conduct, that the employer did not have a clear rule prohibiting the alleged conduct, and that in truth there was an ulterior motive for the termination. We prevailed at the hearing, wining unemployment benefits for him.

Unemployment Appeal Won

November 9, 2023

Unemployment Appeal Won - Employer Failed to Follow Progressive Discipline:

After receiving a promotion, our client found himself terminated just 4 months later despite receiving no prior discipline. We prevailed at his hearing, showing the Hearing Officer that the employer effectively pulled the rug out from under him, and therefore without just cause. The Hearing Officer agreed and we won the hearing.

Unemployment Appeal Won

November 6, 2023

Unemployment Won - Employer Failed to Follow Progressive Discipline:

Even though the employer had a five-step progressive discipline policy, it chose to terminate our client without having imposed any steps of that policy. We showed the hearing officer that no alleged conduct warranted skipping all of the progressive discipline steps and the Hearing Officer agreed there was not just cause for termination. As a result, our client own her unemployment benefits.

Unemployment Appeal Won

November 3, 2023

Unemployment Won - No Just Cause to Terminate for Bona Fide Medical Reasons:

The employer terminated our client for absences, but we were able to get the employer to agree that the absences were due to a bona fide medical reason. Absenteeism caused by bona fide illness or injury, reported to an employer, is not just cause for discharge. Schultz v. Herman's Furniture (1976), 52 Ohio App.2d 161 (1976), 52 Ohio App.2d 161. We, therefore, prevailed at the hearing.

Unemployment Appeal Won

November 3, 2023

Unemployment Appeal Won:

Our client was terminated allegedly for attendance issues and for performance issues. Through a hearing, we showed that the attendance issues were due to reasons beyond her control. We also showed that, despite the claim of performance issues our client had not received any prior discipline. As a result, we prevailed at the hearing.

Unemployment Appeal Won

November 1, 2023

Unemployment Won for "Insubordinate" Employee:

Our client was terminated from her job when she raised concerns about her employment, added job duties and a lack of added compensation. The employer claimed she was "aggressive" and "Insubordinate." Through a hearing we showed that employer considered the mere voicing of concerns as insubordinate and could not point to any refusal to complete any job duties. As a result, we prevailed at the hearing and our client's benefits were approved.

Unemployment Appeal Won

October 31, 2023

Unemployment Won Despite PIP:

The employer placed our client on a 90-day Performance Improvement Plan (PIP), and yet only 12 days later terminated him because they claimed they did not feel confident he would be able to meet the requirements of the PIP. The hearing officer agreed with our arguments that this was unreasonable and as a result we prevailed at the hearing for our client. He was approved for benefits.

Unemployment Appeal Won

October 26, 2023

Brian J. Smith, ltd.

Ohio COVID-19 (Coronavirus) Unemployment Benefits

IMPORTANT UPDATES:
Coronavirus (COVID-19)

Improve Your Chance to Obtain Benefits

Free Consultations

Further Reading

Sample Employers We Have Prevailed Against

Recent Cases/News

Unemployment Consultations

Out-of-Office Notice - through July 2, 2024
‍
While we typically encourage and provide free consultations every day, Mr. Smith will be unavailable to provide consultations until July 3, 2024. He will be available for free consultations after that time.

Contact Us

The Law Offices of Brian J. Smith, ltd.

Ohio COVID-19 (Coronavirus) Unemployment Benefits

IMPORTANT UPDATES: Coronavirus (COVID-19)

Improve Your Chance to Obtain Benefits

Free Consultations

Further Reading

Sample Employers We Have Prevailed Against

Recent Cases/News

Unemployment Consultations

Out-of-Office Notice - through July 2, 2024‍While we typically encourage and provide free consultations every day, Mr. Smith will be unavailable to provide consultations until July 3, 2024. He will be available for free consultations after that time.

Contact Us

The Law Offices of Brian J. Smith, ltd.

IMPORTANT UPDATES:
Coronavirus (COVID-19)

Out-of-Office Notice - through July 2, 2024
‍
While we typically encourage and provide free consultations every day, Mr. Smith will be unavailable to provide consultations until July 3, 2024. He will be available for free consultations after that time.