Understanding Telecommunications Harassment Charges in Ohio: A Defense Attorney's Perspective

/ Law Offices of Brian J. Smith, ltd/
Understanding Telecommunications Harassment Charges in Ohio: A Defense Attorney's Perspective

After years of defending clients against telecommunications harassment charges in Ohio, I continue to see confusion about what constitutes criminal conduct under Ohio Revised Code § 2917.21. This complexity has only increased with evolving technology and communication methods. Today, I'll break down the key elements of telecommunications harassment and discuss some common defense strategies.

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Ohio PUA - Identity Verification and Fraud

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Ohio PUA - Identity Verification and Fraud

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

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Pandemic Unemployment Waivers

/ Law Offices of Brian J. Smith, ltd/
Pandemic Unemployment Waivers

While 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.

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Resigning Due to Medical Issues?

/ Law Offices of Brian J. Smith, ltd/
Resigning Due to Medical Issues?

When 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.

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Can You Refuse An Offer to Return to Work When You Are High Risk and Not Lose Your Unemployment?

/ Law Offices of Brian J. Smith, ltd/
Can You Refuse An Offer to Return to Work When You Are High Risk and Not Lose Your Unemployment?

Ohio 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.

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Ohio Unemployment During Our Time of Coronavirus (COVID-19)

/ Law Offices of Brian J. Smith, ltd/
Ohio Unemployment During Our Time of Coronavirus (COVID-19)

If 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).

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Receiving Unemployment After a Resignation Due to a Transfer of a Military Spouse

/ Law Offices of Brian J. Smith, ltd/
Receiving Unemployment After a Resignation Due to a Transfer of a Military Spouse

If 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.

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