The Law Office Of

Neal Jacobs

8118 Corporate Way, Suite 110, Mason Ohio 45040

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"Myths and Legends" About Unemployment Benefits

unemployment lawyer mason ohio Right to Benefits:  Employees who are terminated without cause, whose company is experiencing a reduction in "work force" or employees facing unwanted changes in job responsibilities may be entitled to Unemployment Benefits. An application for benefits may be made on line, or by phone with the Ohio Department of Job and Family Services ("ODJFS"). 

A Caveat:  In this difficult economy employers have begun to “offer” employees the opportunity to resign in lieu of termination. Such an offer may not be in the interest of the employee as a resignation will often result in a denial of benefits.

A Further Caveat:  Notwithstanding the fact that a "quit" may be a basis for denying unemployment benefits, employers cannot "create" an intolerable work environment (drastic reduction in wage or hourly rate; reduction in hours) such that the employee feels that he or she has no choice but to quit.  Such a "constructive discharge" will not generally result in benefits being denied.

Appeal:  If a initial request for benefits is denied, the employee may seek a written appeal or redetermination.  If the denial of benefits is upheld, the employee can seek further review by filing a Notice of Appeal for a hearing before the Unemployment Compensation Review Commission (“UCRC”).

UCRC Benefits:  The UCRC provides an employee with the right to subpoena documents and witnesses. With the assistance of counsel, a UCRC hearing is often an effective tool in obtaining benefits. The UCRC normally conducts hearings via the telephone.  Neal has found that requesting an "in person" hearing may improve the employees chance of obtaining benefits.  The information obtained at the hearing may also be valuable for subsequent litigation.

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UNEMPLOYMENT BENEFITS:

Don't Let An Employer Stop You From Getting What Is Yours!

Employers often oppose applications for unemployment benefits hoping that the employee will be confused by the paperwork, or will fail to timely respond.  Don’t let that happen to you!

ohio enemploymentIf you are terminated you should immediately go to the Department of Job and Family Services (“DJFS”) website (jfs.ohio.gov) and apply for benefits. Your former employer may try to avoid payment by asserting a violation of a company rule or policy. If you are denied benefits continue to file your claim form, and file an appeal.  The DJFS applies a “just cause” standard. Most often this involves whether you intentionally or negligently violated a known company rule or policy.

If you are again denied benefits all is not lost!  You should retain a lawyer and appeal the denial of benefits to the Unemployment Compensation Review Commission (the "UCRC") where a Hearing Officer conducts a hearing on your claim. The UCRC allows an employee to subpoena documents and witnesses.  This information is necessary for the UCRC hearing and may be helpful if you litigate your claim in Court.

Employers may appeal a grant of benefits.  The appeal needs to be taken seriously because in the event that the grant of benefits is overturned you may be obligated to repay monies paid to you.

The message is clear: if you are discharged, promptly file for unemployment benefits. If your former employer opposes benefits retain an experienced lawyer to prepare a response and defend your interests.
 

 

Employment Lawyer

Litigating wrongful termination, employment discrimination, harassment, Family Medical Leave Act, and retaliation claims.

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Business & Litigation

Advising and supporting commercial clients to achieve their business goals. Neal aggressively litigates those disputes.

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Representing parties in all aspects of family law, including divorce and dissolution, support, shared parenting, and custody proceedings.

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Representing landlords and tenants in negotiating, drafting and preparing documents for the sale or lease of residential and commercial real estate.

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