News, updates, resources, stories, and help from an Ohio attorney through a Blog.
The Tenth District holds that a police officer who filed sexual harassment complaints lacks just cause to resign due to a purported failure to give the employer an adequate opportunity to resolve her complaints.
Read MoreOhio Unemployment Rates By County for February 2016
Read MoreThe Sixth District holds that proof that an employer terminated striking employees by replacing them with permanent replacements does not necessarily require written notice to the employees that they are permanently replaced, and therefore such employees became eligible for unemployment compensation on the date that the employer actually intended to, and began to, permanently replace them.
Read MoreOhio's February 2016 unemployment rate remained unchanged from January 2016 at 4.9%. This is an increase from 4.8% for December and 4.5% for November 2015. It had reached a fourteen year low of 4.4% in October 2015. The number of unemployed increased from January by 6,000 to a total of 285,000. The largest losses in jobs were state government losing 2,800 jobs, manufacturing losing 2,300, and leisure and hospitality reduced by 2,200.
Read MoreThe Sixth District affirms a UCRC decision granting unemployment benefits to an individual accused of violating a cellphone policy, where the hearing officer gave more credibility to the claimant's testimony during the hearing than to hearsay statements relied upon by the employer.
Read MoreThe Second District holds that an employer lacks just cause to terminate an employee for refusing to stop taking prescription morphine, even if he does not ask the doctor for alternative treatments. Additionally, an employer may not justify reasons for a termination other than those actually used.
Read MoreThe 8th District affirms a denial of unemployment benefits to an employee who stored files, including pornographic files, on his work computer, holding that rules applying to the State Personnel Board of Review do not apply to unemployment benefits.
Read MoreOhio's January 2016 unemployment rate increased again to 4.9% from 4.8% in December and 4.5% in November 2015. It had reached a fourteen year low of 4.4% in October 2015. The number of unemployed increased from December by 6,000 to a total of 279,000. The largest losses in jobs were professional and business services losing 6,500 jobs and local government jobs losing 5,500.
Read MoreThe Sixth District affirms that fault is an essential component to just cause and explains it, "will not disrupt the hearing officer's decision to accord more weight to claimant's live testimony over the appellant's hearsay evidence."
Read MoreOhio's December 2015 unemployment rate increased to 4.7% from 4.5% in November 2015 and the fourteen year low of 4.4% in October 2015, with the number of unemployed increasing from November by 14,000 to a total of 269,000.
Read MoreThe Ninth District declines to extend the limited waiver exception to unemployment benefits for union employees when "there is no termination package at issue, where the leave at issue could last indefinitely, and where the leave at issue was not contemplated as part of any collectively bargained agreement in the record."
Read MoreJob figures for December show a better than expected increase of jobs while the unemployment rate remained unchanged for the third month in a row, as did the numbers of long-term unemployed, involuntary part-time workers, and people marginally attached to the labor force.
Read MoreThe Twelfth District affirms a denial of unemployment benefits due to a resignation without just cause, declining to find a constructive discharge from being placed on the first step of progressive discipline even though the Employer told the employee that it did not think she was going to work out.
Read MoreThe Ninth District holds that ODJFS need not show intent to prove fraudulent misrepresentation, which can instead be proven by simply showing that (1) a claimant made a false statement, and (2) either knew or should have known that the statement was false.
Read MoreI am an attorney with Sivinski Law Offices, providing legal representation for labor and employment issues, criminal defense, DUI defense, and family law. I am admitted to practice in the State of Ohio, the United States District Court for the Northern and Southern Districts of Ohio, and the United States Court of Appeals for the Sixth Circuit.
I am also a father ofthree lively children, a member of St. Peter's Catholic church in Huron, and we enjoy all opportunities to get outdoors to cycle, hike, fish, play catch with our redbone coonhound Duke, barbecue, and to explore my enjoyment of photography.
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
Disclaimer / Privacy Policy
© Brian J. Smith, all rights reserved.
