News, updates, resources, stories, and help from an Ohio attorney through a Blog.
Just when you thought it was over, ODJFS has sent a batch of new determination notices claiming people were overpaid Pandemic Unemployment Benefits for people who received PUA years ago. The determination come in pairs, one regarding identity verification and the other for fraud. These are typically tied together - both resulting from the identity verification issue
Read MoreQuitting one job to accept another may often lead to a denial of unemployment benefits, especially if you do not know the rules.
Read MoreWhile Ohio may waivers of PUA over-payments in circumstances where it is shown that the overpayments are through no fault of the claimants and that to require repayment would create an undue financial burden, applying for a waiver is no substitute for appealing the determination that originally put the overpayment in place.
Read MoreWhen applying for Ohio unemployment benefits, this can be just cause to resign, but generally the employee must both prove the medical condition prevents them from working that job AND take steps to try to resolve the issue with the employer (e.g., asking about alternative positions) before resigning.
Read MoreOhio Unemployment will generally disqualify an individual from benefits if they refuse an offer to return to work. Many people have concerns about returning to work during COVID-19, but they do not want to lose their unemployment benefits. Governor Dewine provided some relief for such high risk individuals.
Read MoreIf your employer temporarily closes, or significantly cuts your hours and pay, you might become eligible for unemployment compensation. This should be treated as any other layoff due to a lack of work. As of today, you must have sufficient qualifying weeks of employment (i.e., 20 weeks during your base period with average gross earnings of $269 or more per week).
Read MoreIf an individual’s spouse is (a) member of the armed forces of the United States who is on active duty or a member of the commissioned corps of the national oceanic and atmospheric administration or public health service; and (b) that spouse is subject to a transfer; the individual may qualify if they quit their job to move with their military spouse.
Read MoreHow to determinate if you are an independent contractor or employee?
Read MoreSuccessful month for our unemployment clients
Read MoreAt an employer that lacked a policy prohibiting use of its computers for personal use, who gave mixed signals regarding such use, and in the absence of prior reprimand or warning, an employee who makes use of the computers for personal use during work hours “did not exhibit sufficient fault to provide just cause for discharge for purposes of unemployment benefits.”
Read MoreThe 11th District affirms that the Unemployment Compensation Review Commission and its hearing officers are "not permitted to reference a reason for the claimant's discharge other than the reason stated by the employer."
Read MoreThe 8th District holds that the CMHA lacked sufficient evidence to terminate an employee with just cause for taking an application envelope out of an office, when it could not should which envelope the employee took out of the office.
Read MoreExperienced attorney with 19 years of legal expertise in OVI/DUI defense, criminal defense, labor union law, and employment law. Admitted to practice in Ohio, the U.S. District Courts for Northern and Southern Ohio, and the Sixth Circuit Court of Appeals.
by Brian J. Smith, Esq
The Law Offices of Brian J. Smith, ltd.
20545 Center Ridge Road, Suite 215, Rocky River, Ohio 44116
800-641-1970
https://www.BrianSmithLaw.com
Criminal Defense - DUI Defense - Unemployment Appeals - Union Labor Law
Unemployment Appeals and Union Labor Law service areas include the State of Ohio.
Criminal and OVI services areas include: Cuyahoga, Erie, Huron, Ottawa, Lorain, Lake, Medina, Sandusky and Geauga Counties
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