Myths That Will Destroy Your Unemployment Claim

Ohio’s unemployment compensation is an invaluable part of this state’s support system that keeps our workforce strong, and the lights on, during the job search process.  However, here are toxic myths about the system that cause people not to file or, worse yet, not to pursue their appeals.

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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 Sivinski 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 Sivinski Law Offices.

I cannot claim unemployment because I was fired.

Ohio allows an individual who is terminated to claim unemployment benefits, so long as the employee was not at fault for the termination.  The employer must show they had just cause to terminate.

My coworker got fired for the same reason and they got their unemployment, so I will too.

What might be just cause for one person might not be just cause for another.  The Ohio Department of Job and Family Services  decides your case based on your facts, not on someone else’s.

 

Let’s take two examples.  Sandy is a salesperson, and works from home.  She has no office, but is required to log 40 hours of work every week.  It doesn’t really matter if Sandy logs her hours from 8 until 4 every day, just so long as she gets the work done.  If she sleeps in fifteen minutes from her usual start time and gets started later, assuming no other issues, nothing bad happens to her employer.

 

Bob drives an armored car for cash pickup.  He has a strict schedule to obey.  If Bob is fifteen minutes late for work in the morning and doesn’t start his run on time, problems arise for his employer and the clients.

 

As a result, if Bob is tardy three times his employer might have just cause to terminate him, but Sandy's employer might not have just cause to terminate her for three tardies.  It depends on the facts, the rules, the work histories and more.

Tips on Receiving Unemployment When You Must Quit a Job

No Upfront Fees

 

Sivinski 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. With such contingency fee agreements, Ohio Ethics Rules require that the client be responsible for out of pocket expenses such as court costs and filing fees if any, though with unemployment appeals there typically are no costs or filing fees.  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 Sivinski Law Offices for your free consultation, so call us today before any of your unemployment appeal rights are lost.

My boss was rude and mean, so I quit.  I will get benefits if I explain how rude he was.

While it can certainly play a role in quitting, this is an exceptionally high bar to clear.  You have to show your boss' behavior was so extreme that you could no longer work there, AND you notified your employer of the problem, AND you gave your employer adequate time to resolve the problem.

I will get unemployment because my employer said they would not contest it.

This can be tragic in two occasions.  First, people change their minds.  An employer who tells you that they won’t contest your unemployment may decide that they will contest it after they see what it could do to their tax rates.  While they may have made an agreement with you and you could conceivably take them to court for their breach of that agreement (assuming all contract formalities were obeyed), that doesn’t keep your electric bill paid and food in your pantry.

 

Second, it is the Ohio Department of Job and Family Services that determines whether you are entitled to benefits, not your old employer.  Oftentimes, answers to simple, non-threatening questions can make your separation look like it’s a disqualifying one.  Claims can be denied even if your employer does not respond to ODJFS or contest your unemployment.

I have a new job lined up, so it does not matter if I get denied unemployment.

While a new job is certainly something to be happy about, one should be careful about things like probationary periods.  If your new employer suddenly decides that they don’t like your work and you never filed for unemployment regarding your last job, you may find yourself in a tight spot where you can’t claim benefits from either.

 

Even worse, you could miss the window for filing your first claim and be barred forever from obtaining benefits through that employer, even if your separation was not a disqualifying one.

I have to quit to care for my ill spouse, but I worked many years so I will get unemployment

In Ohio, resigning for family obligations is a sure way to find yourself disqualified for unemployment benefits, whether it is to care for an ill spouse, or even if your employer changes your schedule to one you cannot work because you need to take care of your children.  The rule is unfair and wrong, but it is the law.

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Updated June 2017

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