http://resources.lawinfo.com/en/Legal-FAQs/Labor-Employment/Ohio/index.html LawInfo - Legal Resource Center offers free Ohio Labor and Employment legal forms and free Ohio Labor and Employment legal documents that is designed to help consumers and businesses resolve their legal issues http://resources.lawinfo.com/en/Legal-FAQs/Labor-Employment/Ohio/can-i-file-claims-during-an-appeal.html You should continue to file claims for any weeks you are unemployed. If an appeal is decided in your favor, you'll receive payments only for weeks properly claimed. Ohio Labor and Employment FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Labor-Employment/Ohio/can-i-file-further-court-appeals.html If you disagree with the decision of the common pleas court, you may appeal your case further as in civil cases. Ohio Labor and Employment FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Labor-Employment/Ohio/do-i-have-a-right-to-representation.html You may be represented at any level of agency appeal by an authorized agent of your choice such as an attorney; however, ODJFS is not responsible for any expenses resulting from the representation. Ohio Labor and Employment FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Labor-Employment/Ohio/does-the-agency-contact-the-applicants-former.html Yes. The law requires the agency to let the applicant's most recent employer(s) know that the applicant has applied for benefits and to obtain information needed to process the application. Base period employers receive a notice of the applicant's eligibility and the percentage of the benefits for which they may be charged. Ohio Labor and Employment FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Labor-Employment/Ohio/how-do-i-file-an-appeal.html Appeals must be in writing and may be filed in person, by mail, fax or e­mail. Include your social security number, the date of the determination with which you disagree, and the reason(s) for your disagreement. Ohio Labor and Employment FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Labor-Employment/Ohio/how-does-an-applicant-know-if-his-her-weekly.html The agency will notify the applicant of any issue and give an opportunity for him/her to respond. Sometimes the applicant may request a fact­ finding interview. After the five­business­day response time, a decision is made whether to deny or allow benefits for the week(s) affected. Ohio Labor and Employment FAQs Mon, 04 Jun 2007 21:51:22 GMT http://resources.lawinfo.com/en/Legal-FAQs/Labor-Employment/Ohio/how-does-the-applicant-know-if-he-she-has-met.html The applicant will be mailed a "Notice of Determination of Unemployment Compensation Benefit Rights" form that reports if he/she met the monetary requirement (weeks and wages). If the requirement is not met, the notice will report that the application is disallowed and explain the reason. If the requirement is met, the notice identifies the total amount of benefits and the period of time over which benefits may be paid. But this does not mean the applicant will receive benefits! The notice merely explains what the applicant will receive if the nonmonetary requirement (unemployed through no fault of his/her own) is met and he/she maintains eligibility when filing weekly claims. The applicant will be mailed a second notice, called the "Determination of Unemployment Compensation Benefits." This form will tell the applicant if the reason for unemployment was "nondisqualifying" or "qualifying." If the reason is "disqualifying," the form will advise the applicant that benefits are suspended and will detail the requirements that must be met before receiving unemployment benefits. If the applicant disagrees with either determination, he/she may file an appeal for redetermination. Ohio Labor and Employment FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Labor-Employment/Ohio/how-is-the-application-completed.html The completion of the application depends on the method in which the applicant reports. When filing in person, the individual fills in an application form with information such as social security number, name, address, and telephone number; the name, address, telephone number, payroll stubs, and dates of employment with each employer for the past 18 months; as well as the reason he/she became unemployed from each employer. The applicant also must provide information about each dependent he/she wishes to claim. This includes the birth date and school name of each child, stepchild, or adopted child; documentation of a mental or physical disability of any child, stepchild, or adopted child 18 years or older who is unable to work; and the social security number and earnings for the past 90 days of a dependent spouse. When filing by telephone, the applicant furnishes the same information to a customer service representative. The applicant will receive by mail an Acknowledgment form that lists the forms enclosed: some to be read and retained; others to be read, completed, signed, and returned. Ohio Labor and Employment FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Labor-Employment/Ohio/how-may-an-application-be-filed.html An unemployed worker has four filing options: 1. To go in person to the nearest Ohio local reporting office. 2. To register by telephone on the toll­free number: 1 (877) 644­6562 (OHIO JOB). 3. To call Ohio's interstate toll­free number if residing in Ohio but employment was in another state: 1 (800) 251­6237. 4. To report to any state's unemployment office if residing in another state. Ohio Labor and Employment FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Labor-Employment/Ohio/how-should-the-weekly-claims-be-returned-to-t.html Each claim card states how and when the card is to be submitted. If the applicant is to mail it, the words "MAIL ON THIS DATE" appear, along with the exact mailing date. If the applicant is to personally bring it to a local reporting office, "REPORT IN PERSON" followed by the exact date is printed on the card. The instructions must be followed to be sure that benefits are not delayed. Ohio Labor and Employment FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Labor-Employment/Ohio/if-he-she-is-unemployed-because-of-a-labor-di.html If the unemployment is because of a labor dispute other than a lockout, the applicant will be disqualified from receiving unemployment benefits for as long as the dispute continues. Ohio Labor and Employment FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Labor-Employment/Ohio/if-he-she-is-unemployed-because-of-a-lockout.html If the applicant's unemployment is because of a lockout, the labor dispute will not disqualify him/her from eligibility for benefits. Ohio Labor and Employment FAQs Mon, 04 Jun 2007 21:51:22 GMT http://resources.lawinfo.com/en/Legal-FAQs/Labor-Employment/Ohio/if-laid-off-may-the-applicant-be-eligible-for.html An applicant's unemployment must not be his/her fault. If laid off due to a "lack of work" (for example, the job was abolished, the business closed, or the plant shut down), there is no question that the applicant did not cause the unemployment. The monetary requirements also must be met to qualify for unemployment benefits. Ohio Labor and Employment FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Labor-Employment/Ohio/if-the-application-is-allowed-will-the-applic.html Not necessarily. The allowance of an application means only that the applicant had sufficient qualifying weeks and wages. After an application is allowed and the applicant files a claim for a week of unemployment, the agency must determine if all of the eligibility requirements for that week are met. An applicant will not receive benefits for the duration of his/her unemployment if he/she: was discharged for just cause in connection with the work; or if he/she quit without just cause. Ohio Labor and Employment FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Labor-Employment/Ohio/if-unemployment-is-due-to-pregnancy-may-the-a.html The law does not provide specific disqualifications for unemployment due to pregnancy. Any issue related to pregnancy must be decided under the regular eligibility provisions of the law, including being able to work and available for work Ohio Labor and Employment FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Labor-Employment/Ohio/is-any-income-other-than-earnings-deducted.html Yes. Under certain conditions, severance/separation pay, vacation pay, worker's compensation, private pensions, and social security pensions are deducted. Types of income that are not deducted from unemployment benefits include: supplemental unemployment benefits; national guard and armed services reserve pay for scheduled drills; interest; dividends; rents; and other income not from personal services. All income must be reported. Ohio Labor and Employment FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Labor-Employment/Ohio/may-a-claim-for-unemployment-benefits-be-rest.html If an applicant is eligible for unemployment benefits, the benefits are payable over a 52­consecutive­week period (the benefit year). Within this benefit year, the applicant has an assigned amount of money from which to draw (the total benefits payable). The benefit year remains in effect for the 52­week period, even if the individual becomes re­employed or fails to meet weekly eligibility requirements. If the applicant returned to work, but became separated from that job during the benefit year, he/she may file an "additional" application to reopen the claim by one of the filing methods explained above. The applicant must provide the name, address, and dates of employment for each employer for whom he/she worked since last claiming benefits. He/she should have the UC­450 reporting booklet, as well as a social security card or driver's license. Ohio Labor and Employment FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Labor-Employment/Ohio/may-an-applicant-file-a-claim-outside-of-ohio.html Yes. In addition to local Ohio offices, an applicant may file claims at any local office of a similar agency in the other 49 states, the District of Columbia, Canada, Puerto Rico, or the Virgin Islands. Ohio Labor and Employment FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Labor-Employment/Ohio/must-the-applicant-report-partial-earnings.html Yes. The gross (before taxes) earnings must be reported in the week the work was performed, even if not paid in that week. The law allows an applicant to earn up to 20 percent of the weekly benefit amount before deducting earnings from benefits. All earnings must be reported. The following example shows how the 20% earnings exemption is figured: Example The weekly benefit amount is $100.00, and weekly earnings are $40.00. To calculate the earnings deduction: Total earnings in week $40.00 Minus earnings exemption (20% of $100.00) ­ 20.00 Equals earnings deduction $20.00 To calculate amount of benefits paid: Weekly benefit amount $100.00 Minus earnings deducted ­ 20.00 Equals benefits amount paid $80.00 Ohio Labor and Employment FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Labor-Employment/Ohio/what-about-appeals.html If you disagree with any decision about your claim, you should file an appeal. Ohio Labor and Employment FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Labor-Employment/Ohio/what-are-the-weekly-eligibility-requirements.html The applicant must be physically able to work, available for work, and, actively seeking work in order to receive benefits. Additionally, the applicant must not refuse a referral to or offer of suitable work (without good reason). Ohio Labor and Employment FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Labor-Employment/Ohio/what-documentation-is-needed-to-apply-for-ben.html If filing in person, the applicant should bring two forms of identification, such as a driver's license, social security card, photo ID, or organization card and a pay stub from his/her last employer. The applicant should have the name, address, and telephone number of the last place he/she worked. Additional information such as W­2 forms and pay stubs from each company for whom the applicant worked in the past 18 months is also helpful. If filing by telephone, the applicant should have the same information as listed above when making the telephone call. If separated in the past 18 months from the US armed forces, the applicant also must submit a DD­214 (Member 4). If separated in the past 18 months from federal civilian employment, the applicant also must submit a SF­8 and SF­50. If employed out of state in the past 18 months, the applicant must provide the name(s) and address(es) of the employer(s). If other than a U.S. Citizen, the applicant must have evidence to establish authorization to perform work in the United States during the period of employment. Ohio Labor and Employment FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Labor-Employment/Ohio/what-happens-if-the-applicant-isnt-able-to-wo.html The applicant is disqualified for that one week only. The total benefit amount is not affected. He/she may reopen the claim during the next week or any week in the benefit year to file another weekly claim Ohio Labor and Employment FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Labor-Employment/Ohio/what-happens-if-the-applicant-refuses-to-acce.html The agency will interview the applicant to determine if the work was "suitable". If found to be suitable (and the reason for refusing is not permitted under Ohio law), unemployment benefits may be suspended. Ohio Labor and Employment FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Labor-Employment/Ohio/what-is-a-calendar-quarter.html Every calendar year is divided into the following four parts, known as "quarters" 1st Quarter: January 1 through March 31 2nd Quarter: April 1 through June 30 3rd Quarter: July 1 through September 30 4th Quarter: October 1 through December 31 Ohio Labor and Employment FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Labor-Employment/Ohio/what-is-covered-employment.html Under Ohio law, most employers are required to pay contributions for unemployment insurance. Work for such an employer is "covered" employment. Work for a nonprofit or government agency is "covered" employment, even though the employer does not pay regular contributions, but instead reimburses the cost of unemployment benefits paid to its former workers. Ohio Labor and Employment FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Labor-Employment/Ohio/what-is-meant-by-a-weekly-claim.html Applicants must file a claim for benefits for each calendar week of their unemployment. The claim for a week of unemployment is actually a claim for the previous week ­ not the week in which the applicant appears at the local reporting office or mails the claim form. Ohio Labor and Employment FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Labor-Employment/Ohio/what-is-meant-by-able-to-work.html The applicant must be physically "able" to perform work in his/her trade or occupation. If not, the applicant may receive benefits if he/she has submitted medical evidence of his/her ability to do other types of work. If an applicant is ill and unable to work during one or more days of a normal workweek, he/she may not be considered "able to work" and may not be entitled to benefits for that week. Ohio Labor and Employment FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Labor-Employment/Ohio/what-is-meant-by-available-for-work.html The applicant must be "available" to accept suitable work in any occupation that is consistent with his/her prior training and experience. If the applicant restricts the hours, wages, or conditions of employment in a way which limits chances of obtaining suitable work, he/she may not receive benefits for the week being claimed. Ohio Labor and Employment FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Labor-Employment/Ohio/what-is-meant-by-duration-of-unemployment.html "Duration of unemployment" is the full period of unemployment after a disqualifying separation from an employer. This period continues until the applicant becomes employed at another job. An applicant may requalify for benefits if he/she obtains another job in covered employment, works at least six weeks, and earns wages equal to six times the amount needed to establish a qualifying week. In 2002, this amount is $1,032.00. Once again, the applicant's unemployment must have been for a lack of work or some other non­disqualifying reason. The written decision that suspended the payment of benefits for the "duration of unemployment" also explains the requirements to requalify for benefits. Ohio Labor and Employment FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Labor-Employment/Ohio/what-is-meant-by-just-cause.html Ohio law defines "just cause" for a quit or discharge as whether the action taken was what an ordinary person would do under similar circumstances. Ohio Labor and Employment FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Labor-Employment/Ohio/what-is-suitable-work.html In considering what is "suitable work," the agency considers factors such as: whether the work is in line with the applicant's prior training and experience; the applicant's health and physical capability to do the work; distance from his/her home to work; and the applicant's prospects of finding work in his/her locality. Ohio Labor and Employment FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Labor-Employment/Ohio/what-is-the-base-period.html The "base period" is the first four of the last five completed calendar quarters immediately before the first day of an applicant's benefit year. If an applicant does not have 20 weeks of covered employment in the "base period," the "alternate base period" may be used. The "alternate base period" includes the most recently completed calendar quarter instead of the one five quarters ago. The base period never includes more than four quarters. Ohio Labor and Employment FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Labor-Employment/Ohio/what-is-the-penalty-for-making-a-false-statem.html Under Ohio law, an applicant will be disqualified if he/she has "knowingly and willfully misrepresented material facts with the intent to receive benefits." The law also provides for fines or imprisonment (or both) for obtaining benefits to which an applicant is not entitled. Ohio Labor and Employment FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Labor-Employment/Ohio/when-does-the-individual-receive-the-first-be.html The earliest an unemployment check can be mailed is during the third week of unemployment. The check is issued only if the applicant: met all the eligibility requirements; submitted the first claim card; and met the weekly eligibility requirements. Ohio Labor and Employment FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Labor-Employment/Ohio/when-is-the-right-time-to-apply-for-benefits.html A person should apply as soon as he/she becomes unemployed. Usually individuals file during the first calendar week after losing a job. Weekly benefits are not paid retroactively, so the sooner he/she files, the sooner an applicant may be eligible for benefits. Ohio Labor and Employment FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Labor-Employment/Ohio/who-may-apply-for-unemployment-compensation-b.html Any unemployed worker may apply. Ohio Labor and Employment FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Labor-Employment/Ohio/why-are-no-benefits-paid-for-the-first-week-o.html Ohio law requires that each applicant serve a one­week waiting period after filing an initial claim for unemployment benefits. This is called the "waiting week," and it must be a week in which the applicant met the weekly eligibility requirements. 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