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The question of whether an employee who is fired for using profanity can receive unemployment benefits requires careful analysis. While workplace profanity is never professional, not every instance of swearing justifies denying an employee unemployment compensation. Let's explore how Ohio law approaches this nuanced issue.
Read MoreWhen receiving unemployment benefits in Ohio, recipients often face a critical decision when offered new work: accept the position or risk losing benefits. Understanding how Ohio law approaches this situation proves essential for both employees and employers. Let's explore when work is considered "suitable," and when recipients have good cause to decline an offer.
Read MoreThe distinction between employees and independent contractors carries significant implications for unemployment compensation in Ohio. When workers lose their jobs, weeks worked as employees count toward unemployment eligibility, while time spent as independent contractors does not. This classification becomes particularly important when workers challenge their status or seek benefits.
Read MoreThe relationship between job transitions and unemployment benefits in Ohio often surprises both attorneys and their clients. A thorough understanding of this area of law proves essential for proper client representation and case management.
Read MoreUnderstanding what constitutes "just cause" for termination in Ohio unemployment cases requires careful examination of both general principles and specific workplace policies. This analysis becomes particularly important when employers maintain progressive discipline systems, as these policies create specific expectations and obligations that affect unemployment eligibility.
Read MoreMany employees find themselves in a challenging position when facing impending termination: stay until the actual discharge occurs, or resign beforehand to preserve professional relationships and future job prospects. What many don't realize is that under Ohio law, quitting before an inevitable termination doesn't automatically disqualify someone from receiving unemployment benefits.
Read MoreThe Ohio Supreme Court's decision in Tzangas established several crucial principles that continue to guide unemployment compensation determinations today. Most importantly, the Court held that an employee's unsuitability for their position can constitute sufficient fault to justify a denial of unemployment benefits - but only if specific criteria are met.
Read MoreFiling an unemployment appeal in Ohio typically requires quick action - specifically within 21 days of receiving an unfavorable decision from the Ohio Department of Job and Family Services (ODJFS). However, there are several important situations where this deadline can be extended, providing crucial protections for claimants facing specific circumstances.
Read MoreUnderstanding which types of employment do not qualify for unemployment benefits is crucial for both employers and workers in Ohio. The Ohio Revised Code provides detailed specifications for employment categories that are excluded from unemployment coverage.
Read MoreUnder Ohio law, excessive absenteeism or tardiness may provide just cause for termination that would lead to a disqualification from unemployment benefits. However, whether a termination is justified largely depends on the type of attendance policy in effect and the reasons behind the absences.
Read MoreIn Ohio, employees who lose their jobs through no fault of their own are eligible for unemployment compensation benefits. However, those discharged for "just cause" may be disqualified from receiving these benefits under Ohio Revised Code § 4141.29(D).
Read MoreJust 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 MoreExperienced attorney with 20 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: Ashtabula, Cuyahoga, Erie, Geauga, Huron, Lake, Lorain, Ottawa, Portage, Sandusky, and Summit, Counties, including the cities of Amherst, Avon, Avon Lake, Bay Village, Beachwood, Bedford, Bellevue, Berea, Brecksville, Brook Park, Brooklyn, Chagrin Falls, Chardon, Cleveland, Cleveland Heights, Clyde, Cuyahoga Heights, Elyria, Euclid, Fairview Park, Fremont, Garfield Heights, Gates Mills, Highland Heights, Huron, Independence, Kent, Lakewood, Linndale, Lorain, Lyndhurst, Maple Heights, Mayfield Heights, Mentor, Middleburg Heights, Newburgh Heights, North Olmsted, North Randall, North Ridgeville, Norwalk, Oberlin, Painesville, Parma, Pepper Pike, Port Clinton, Ravenna, Richmond Heights, Rocky River, Sandusky, Seven Hills, Shaker Heights, Sheffield Village, Sheffield Lake, South Euclid, Stow, Summit County, University Heights, Valley View, Vermilion, Westlake, Willoughby, and Woodville.
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