The General Rule:

Many times people resign from one job to accept another only to find the new job fell through for one reason or another. In what can often be an unjust rule, ODJFS generally finds that quitting a job to accept other employment is a resignation without just cause. Shields v. Kelly Servs., Inc., 2021-Ohio-4018, ¶ 17 (8th Dist.), citing Radcliffe v. Artromick Internatl., Inc., 31 Ohio St.3d 40, 41, 31 Ohio B. 148, 508 N.E.2d 953 (1987).

Exception Related to Temporary Agencies:

When an employer conducts its hiring through a temporary agency, an employee who complies and is hired from the temporary agency will have just cause to resign from the temporary agency to work for the employer directly will have just cause to resign from the temporary agency.

Accepting a Recall from a Prior Employer:

An employee may have just cause to quit one job to accept a recall from a prior employer, if they can show that the refusal or failure to accept the recall would have resulted in a substantial loss of employment rights, benefits, or pension, under a labor-management agreement or company policy

Removing the Suspension of Benefits:

When You Start the Job Within 7 Days of the Old Job:

The suspension of benefits will be removed if the individual starts the new job while still working at the first job, or within seven calendar days of last day of employment with the first job, and works at the new job for three weeks with with sufficient earnings. R.C. § 4141.291(A)(2)-(3).

When You Start the Job More than 7 Days from the Old Job:

Otherwise, the individual must work six weeks at the new job with sufficient earnings to remove the disqualification of benefits. R.C. § 4141.29(G).

Vacation and Separation Pay:

Vacation or separation pay allocated to the end of their employment should be considered both in terms of extending the last day of employment with the first job and in terms of determining whether the individual satisfied three weeks of employment with the second job.