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Ohio

So you were denied Unemployment Compensation Benefits by the Ohio Director of Job and Family Services.  Contact us immediately so we can help you obtain those unemployment benefits.

 

We file appeals from Determinations and Re-Determinations.  We also represent Claimants at Ohio Unemployment Hearings .

 

 

Call or fill out the form below today to discuss your situation 

 

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THE OHIO TWO STEP

OR,

WHERE ARE MY OHIO UNEMPLOYMENT COMPENSATION BENEFITS?

 

You are filing for unemployment in the State of Ohio – the procedure for this State is slightly different (in a good and bad way) then most other States.  Here is a quick breakdown of what to expect.

 

1.         You become separated from a job – fired, quit or laid off (See http://uchelpcenter.com/content/filing-unemployment-appeal )

 

2.         You file for unemployment benefits – you can file here: https://unemployment.cmt.ohio.gov/cmtview/index.html

 

3.         The ODJFS (Ohio Department of Jobs and Family Services) will then review your claim and issue an INITIAL DETERMINATION.  This will tell you whether you are eligible for benefits or not. 

 

4.         You can appeal the initial determination and that will go to the Director who will then make a Re-determination.  (In most States you would get a hearing  - so this is a delay in the system.)

 

5.         The Director will issue a REDETERMINATION (re-determination) which can reverse the prior determination and grant your benefits (this is the good part).  However, the employer can file a further appeal as can you if you disagree.

 

6.         Finally, you can end up with Hearing before a Hearing Officer.  This is a due process hearing that will allow you to present evidence and testimony as well as question evidence and testimony presented by anyone else.

 

We will file all appeals for you

 

We will represent you at any hearing or further appeal

 

Use the form below to contact us

 

APPEAL RIGHTS:

If you disagree with any decision about your claim, you should file an appeal and continue to file claims for any weeks you are unemployed. If you are unable to file weeks on your own, call your processing center for assistance. Claims must meet the timely filing and registration requirements. If an appeal is decided in your favor, you may receive payments only for weeks that are properly claimed and are otherwise payable.

 

How to file an appeal

There are several appeal levels. How to file an appeal at each level is explained below:

 

• Appeal from an Initial Determination

If you disagree with an initial decision, you may file a written appeal with ODJFS within 21 calendar days of the date the determination was issued. Include your social security number, the date and determination identification number with which you disagree, and the reason(s) for your disagreement. In addition to your written appeal, you may also include any evidence, documentation or witness statements.

 

CONTACT THE UNEMPLOYMENT HELP CENTER, LTD. TO FILE AN APPEAL

 

All other interested parties, such as your employer(s), will receive a notice indicating your reason for filing the appeal. These parties are provided the opportunity to submit additional information.ODJFS has 21 calendar days from the date your appeal is received to either issue a redetermination decision or refer the appeal to the Unemployment Compensation Review Commission (UCRC).

 

• Appeal from a Redetermination

If you disagree with the redetermination, you may file a written appeal to the UCRC within 21 calendar days of the date the redetermination was issued. Include your social security number, the date of the determination with which you disagree, the reason(s) for your disagreement, and, if you are employed during the day and desire a telephone hearing during nonworking hours, the hours you are available for a hearing.

CONTACT THE UNEMPLOYMENT HELP CENTER, LTD. TO FILE AN APPEAL

 

Once the UCRC accepts an appeal, you will receive a notice that your appeal has been transferred by the  director to the UCRC. Your case will be scheduled for either an in-person or telephone hearing before a hearing officer. Most hearings are conducted by telephone.

If a telephone hearing is scheduled, and you prefer an in-person hearing, you must notify the UCRC within 10 days of the notice that an appeal has been transferred. You must then agree to travel to a hearing site closest to the location of the other party(s). The hearing officer will issue a decision based on the information contained in your file and the testimony presented at the hearing.

 

 

Request for Review by the Ohio Unemployment Compensation Review Commission (UCRC)

If you disagree with the UCRC hearing officer’s decision, you may request a review by the commission members within 21 calendar days of the mailing date of the hearing officer’s decision.

Your appeal should state that you are requesting a review of the hearing officer’s decision and why you disagree with the hearing officer’s decision. If you are employed during the day and desire a

telephone hearing during nonworking hours, list the hours you are available for a hearing.

You may file your appeal by MAIL or FAX to:

• U.C. Review Commission

PO Box 182299

Columbus, OH 43218-2299

Fax: (614) 387-3694

The commission may allow or deny your request for review. If denied, you will receive a decision to that effect. If your request for review is allowed, the commission may issue a decision based on the record

of the earlier hearing or hold a further hearing. To change a telephone hearing, you must notify the UCRC within 10 calendar days of the notice allowing the request for review. For an in-person hearing, you

must agree to travel to a site closest to the other party(s).

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If you were fired - you need to file ASAP Ohio Unemployment Benefits and Appeals 

 

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Denied becuase you quit - the law:

 

  1. The general rule for whether just cause exists under the Ohio Unemployment Compensation Law is set forth in Peyton v. Sun TV (1975), 44 Ohio App.2d 10:
    1. "There is, of course, not a slide-rule definition of just cause. Essentially, each case must be considered upon its own particular merits."
       
    2. "Traditionally, just cause, in the statutory sense, is that which, to an ordinary intelligent person, is a justifiable reason for doing or not doing a particular act."
       
  2. Further, an individual is generally expected to pursue all other available options before deciding to quit employment. For example, in Peters v. Administrator (Jan. 18, 1994), Franklin CP No. 92 CVD-11-9221, unreported, the claimant quit employment because he was not paid overtime wages owed and because of an unsafe working condition. The court held that claimant quit without just cause because the claimant had not complained strongly about the unpaid overtime, had not complained to OSHA about the unsafe working condition, and therefore, had not pursued other available options before deciding to quit.

 

Denied becuase you were fired - the law

 

 

  1. In order to find that an employee was discharged for just cause in connection with work, there must have been some fault on the part of the employee. Tzangas, Plakas & Mannos v. Administrator(1995), 73 Ohio St.3d 694.
     
  2. "Just cause" means conduct which a person of ordinary intelligence would consider to be a justifiable reason for the discharge of an employee; there must be some fault on the part of the employee, although the conduct need not reach the level of misconduct. Angelkovski v. Buckeye Potato Chips Co., Inc. (1983), 11 Ohio App.3d 159.
     
  3. The critical issue is not whether the employee has violated a company rule. Rather, just cause for discharge exists when an employee's actions demonstrate an unreasonable disregard for an employer's best interests. Janovsky v. OBES (1996), 108 Ohio App. 3d 690; Kiikka v. OBES (1985), 21 Ohio App. 3d 168.
     
  4. In reaching a decision concerning "just cause," the Director is not bound by the terms of a claimant's collective bargaining agreement or employment contract. Wilson v. Matlack, Inc. (2000), 141 Ohio App.3d 95.
     
  5. Post-discharge evidence. In determining whether there is just cause for discharge, the Commission will examine only those facts which existed at the time of discharge, because those are the only facts which the employer was able to consider when the decision to discharge was made. For example, if an employee is discharged while under indictment, the facts known to the employer at the time of discharge may be considered, but the Commission will not consider any subsequent conviction. Akron City School District v. UCRC (Sept. 20, 2000), Summit CP No. CV00-06-2453, unreported (citing Bethesda Hospital v. Fowler, 1978 Ohio App. LEXIS 8732.

Discharge during a Notice of Resignation Period

 


  1. If the employee is discharged during a notice of resignation period, and the employer does NOT pay normal wages to the employee for the balance of that period, then the question will be whether there was just cause in connection with work to support the discharge. Bank One Cleveland v. Mason , 1990 Ohio App. LEXIS 190.
     
  2. If the employer DOES pay normal wages to the employee for the balance of the employee's notice period, then the question will be whether there was just cause for the employee's decision to quit employment. In re Hale, R89-09811.

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Appeal Rights

 

    
Why file an appeal?
 

If you disagree with any decision about your claim, you should file an appeal and continue to file claims for any weeks you are unemployed. If you are unable to file on your own, call your processing center for help. Claims must meet the filing and registration timeliness requirements. If an appeal is decided in your favor, you may receive payments only for weeks that were properly claimed and are otherwise payable. Customer service representatives are available to assist in appeal questions from 8 a.m. to 5 p.m. Monday through Friday. You can reach them by calling, toll-free, 1-877-574-0015.   

How do I file an appeal from an initial determination?

If you disagree with an initial decision, you may file a written appeal to ODJFS within 21 calendar days of the date the determination was issued. Include your Social Security number, the date and identification number for the determination you disagree with, and the reasons for your disagreement. You may also include any evidence, documentation or witness statements.

You may file your timely appeal online at www.unemployment.ohio.gov between 6 a.m. and 6 p.m. daily, by mail or fax with the ODJFS processing center identified on your determination notice, or with any ODJFS claims processing center.

 You will receive a written confirmation when your appeal is received. All other interested parties, such as your employer(s), will receive a notice of your reason for filing the appeal. These parties are given the opportunity to submit additional information. ODJFS has 21 calendar days from the date your appeal is received to issue a redetermination decision or refer the appeal to the Unemployment Compensation Review Commission.

How do I file an appeal from a redetermination?

If you disagree with the redetermination of your initial appeal, you may file a written appeal to the Unemployment Compensation Review Commission (UCRC) within 21 calendar days of the date the redetermination was issued. Include your Social Security number, the date of the determination you disagree with, the reasons for your disagreement, and the hours you are available for a telephone hearing if you desire a hearing during nonworking hours.

You may file your appeal online at www.unemployment.ohio.gov between 6 a.m. and 6 p.m., by faxing your appeal to 614-466-8392, or by mail to this address:  

Ohio Department of Job and Family Services Director 
Bureau of Unemployment Compensation Benefits 
P.O. Box 182863 
Columbus, OH 43218-2863  

After the UCRC accepts an appeal, you will receive a notice that your appeal has been transferred to the UCRC. Your case will be scheduled for either an in-person or telephone hearing with a hearing officer. Most hearings are conducted by telephone. If a telephone hearing is scheduled and you prefer an in-person hearing, you must notify the UCRC within 10 days of the date you receive the notice that your appeal has been transferred. You must then agree to travel to a hearing site closest to the location of the other parties. The hearing officer will issue a decision based on the information contained in your file and the testimony presented at the hearing.

If you disagree with the UCRC hearing officer's decision, you may request a review by the commission members within 21 calendar days of the mailing date of the hearing officer's decision. Your appeal should state that you are requesting a review of the hearing officer's decision and why you disagree with the hearing officer's decision. If you are employed during the day and desire a telephone hearing during nonworking hours, list the hours you are available for a hearing.

You may file your appeal by faxing it to 614-387-3694 or by mail to the following address: 

Unemployment Compensation Review Commission 
P.O. Box 182299 
Columbus, OH 43218-2299  

The commission may allow or deny your request for review. If denied, you will receive correspondence notifying you of the denial. If your request for review is allowed, the commission may issue a decision based on the record of the earlier hearing or hold an additional hearing. To change a telephone hearing, you must notify the UCRC within 10 calendar days of the date you receive the notice allowing the request for review. For an in-person hearing, you must agree to travel to a site closest to the other parties.

How do I file an appeal to Common Pleas Court?

If you disagree with the UCRC decision, you may file an appeal with the Common Pleas Court of the Ohio county where you live or were last employed. Appeals must be filed within 30 calendar days of the mailing date of the commission-level decision. If your appeal is filed after 30 days, the Common Pleas Court will determine the timeliness of your appeal based on Ohio Revised Code, Section 4141.282 (l). In your notice of appeal, you must include all interested parties listed on the UCRC decisions, including the director of ODJFS. Be sure to identify the decision being appealed.

When the UCRC receives the notice of appeal from the Common Pleas Court, it will file a certified transcript of all the records from the appeal. The UCRC also will mail a copy of the transcript to you or your legal representative.

The court will hear the appeal based on the certified UCRC transcript. Contact the clerk of the appropriate court for other rules and deadlines. A listing of the courts appears at the end of this section. Click here to view a listing of the courts

If you disagree with the decision of the Common Pleas Court, you may appeal your case further, as in civil cases.

What are the time limits for filing appeals?

All appeals have filing time limits that must be met. Each decision states the time limit for filing an appeal. If you disagree with a decision, you should file the appeal as soon as you learn the decision.

Appeals not involving the courts must be filed within 21 calendar days of the date the determination or decision was mailed. Your appeal will be considered timely if it is received or postmarked within the 21-day appeal period. If the 21st day falls on a Saturday, Sunday or holiday, the appeal period will be extended to the next working day.

If there is a question about timely receipt of your appeal, the following items can been used as evidence that your appeal was received by the agency: (1) a certified mail receipt, (2) a document confirming that your fax was received, or (3) if you filed online, the printed confirmation screen with the date on it.

The appeal deadline may be extended if certified medical evidence is presented establishing that your physical condition or mental capacity prevented you from complying with the appeal period. In these situations, the appeal will be considered timely if filed within 21 calendar days of the end of the physical or mental condition.

Appeals to the Common Pleas Court must be filed within 30 calendar days of the date the final UCRC decision was mailed.

Should I file claims during an appeal?  
You must continue to file weekly claims for unemployment benefits for any weeks you are unemployed. Claims must meet the timely filing and registration requirements. If an appeal is decided in your favor, you may receive payments only for weeks properly claimed and that are otherwise payable. 

Do I have a right to representation at my appeal?

ODJFS cannot recommend a representative. An authorized agent of your choice may represent you at any level of agency appeal. If you wish to be represented, it is important that you arrange representation as soon as possible. You should contact the Unemployment Help Center using the form below.

 

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