News, updates, resources, stories, and help from an Ohio attorney through a Blog.
Being accused of fraudulent misrepresentation in an Ohio unemployment case is far more serious than a simple benefits denial. The consequences can follow you for years, affecting your financial stability and future eligibility for benefits. If you're facing these charges, understanding both the severity of the penalties and your defense options is crucial.
Read MoreWhen most people think about quitting their job, they often struggle to pinpoint a single, overwhelming reason that drove their decision. Real life is messy—workplace problems tend to accumulate, personal circumstances change, and the final decision to leave often stems from a combination of factors rather than one dramatic incident.
Read MoreTransportation problems can create significant barriers to receiving unemployment benefits in Ohio, affecting both your initial eligibility and your ongoing qualification for weekly benefits. Understanding how Ohio law treats transportation issues is crucial for anyone facing these challenges, as the state places the burden of securing adequate transportation squarely on the employee.
Read MoreAs an applicant for unemployment benefits in Ohio, meeting the eligibility requirements is essential not only when you first file your claim but also each week you certify for benefits. You must be both "able to work" and "available for suitable work" during each week claimed. While the "able to work" requirement focuses on your physical capacity, the "available for suitable work" requirement deals with your readiness, willingness, and accessibility to the job market.
Read MoreApplying for unemployment benefits in Ohio requires meeting certain criteria, not just when you first apply, but also on a weekly basis to continue receiving payments. One crucial requirement is that you must be "able to work" each week for which you claim benefits. This isn't always as straightforward as it might sound, especially if you have health issues or restrictions.
Read MoreIf your employer has a progressive discipline policy, it could significantly impact your eligibility for unemployment benefits after termination. Understanding how Ohio courts evaluate these policies in unemployment cases can make the difference between receiving benefits or being denied.
Read MoreFor education employees in Ohio, the rules governing unemployment benefits during breaks between academic terms can be complex. Understanding these "between-terms" provisions is crucial for teachers, administrative staff, and other education workers who may find themselves without work during summer breaks or other periods.
Read MoreWhen receiving unemployment benefits in Ohio, simply filing weekly claims is not enough - claimants must actively search for new employment. The Ohio courts have established that a person must make reasonable, good faith efforts to find suitable work, going beyond merely registering with the unemployment office.
Read MoreThe timing and circumstances of an employment separation can dramatically affect eligibility for unemployment benefits. While employees who resign typically face an uphill battle in qualifying for benefits, an employer's decision to terminate employment before the resignation's effective date can fundamentally change the legal analysis.
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 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 MoreEmployees will be ineligible for unemployment compensation when terminated for poor performance and the employer shows: (1) the employee does not perform required work; (2) the employer made its expectations known at the time of hire; (3) those expectations are reasonable; and (4) the requirements of the job have not changed since the date of hire.
Read MoreEmployers often challenge unemployment compensation for employees terminated with a no-fault attendance policy, however, such employees remain eligible unless the employer can show just cause for the termination.
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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