Unemployment Compensation Attorneys in Dayton, Ohio

Unemployment benefits are designed to help employees who lose their jobs bridge the gap while seeking new jobs. Employers pay state and federal taxes to fund an insurance plan that pays benefits to the workers whose employment they terminate.  

Although this sounds easy, there are many gray areas in unemployment compensation. There are times when employers don’t believe a former employee should receive benefits. There are also times when former employees believe they have been unfairly denied benefits. When disputes arise, it’s wise to work with an experienced unemployment compensation attorney.  

At Duwel Law, we have been representing employers and employees in Dayton, Ohio, and in Montgomery, Miami, Greene, Darke, and Warren counties, for more than 50 years in unemployment compensation disputes.

Who Is Eligible for Unemployment Compensation in Ohio? 

There are three qualifiers for employees to receive unemployment benefits under Ohio law.  

First, the employee must have worked at least 20 weeks during the quarter prior to filing for benefits and must have earned an average amount of money each week during that quarter. The income minimum for this “base period” fluctuates annually.  

Second, the employee must have been discharged from their job through no fault of their own. If they were laid off, downsized, or not the right person for the job, the employee should qualify. If an employee willfully didn’t do the job they were hired for or violated laws, rules, regulations, or policies, they probably will not qualify. If the employee quits, unless there are exigent circumstances for the departure, such as a hostile work environment, they will not qualify.  

Third, the employee must be ready to work and be actively seeking new employment.  

What Is the Process for Filing for Unemployment Compensation? 

The unemployment process is fairly straightforward. The former employee files a claim for benefits with the Ohio Department of Job and Family Services, providing all requested information. The employer is subsequently notified of the claim and asked to confirm the information and provide certain documentation to confirm the employee’s eligibility.  

If eligibility is confirmed, the employee will receive weekly benefits equal to 50% of their weekly pay during the base period, up to $480 or more in some circumstances where the employee has dependents. The benefits last for 26 weeks.  

Can the Claim Approval or Denial Be Appealed? 

Both the employer and the employee have the right to appeal decisions related to an unemployment claim. Moreover, appealing an unemployment compensation decision can be done more than once.  

If an unemployment claim is denied, the employee has 21 days to appeal the denial. Likewise, if a claim is approved, the employer has 21 days to appeal that determination as well. The appeal may then be referred to the Unemployment Compensation Review Commission.  

A hearing officer there will review the claim and render a decision. The employer and employee have another 21 days from that decision to appeal to the Commission.  

Once these appeals have been exhausted, employers and employees can then file an appeal with the Court of Common Pleas. Any action must be filed within 30 days of the date the Commission sent notice of its decision. The employee may file in their county of residence or last employment. The employer may file in the county where the business is located.