Ohio Unemployment and School

by DJ
(Ohio)

Live in Ohio. Was receiving unemployment and received a letter in the mail notifying me of the Pell Grant availability and full time schooling options; also that I could take a part-time training class, if I made myself available for work and continued to try and obtain work. Decided to do it and enrolled in an 11-week EMT course. I notified unemployment and they asked when I would be going... I told them, but that I'd make myself available if a job came up. Subsequently they ruled that I'm "restricting my availability" and no longer eligible, plus owe them for 2 weeks unemployment. I went through the first appeal and the denied it saying the same thing as the first determination - that I wasn't available as required by ORC Section 4141.29(A)(4)... even though I told them I was available. I could quit or transfer to an evening class... and have been available all along. Filed 2nd appeal today. Any thoughts?



Sure do have some thoughts .. but I made them pretty clear back on the page that holds all the questions about school and unemployment benefits.

Don't make a move until you know and understand the possible consequences.

All one has to do is take a look at Ohio's treatment of students when it comes to unemployment benefits, in Table 5-12 to see what the problem is.

Were you approved for "trade act training" and excused officially from being able and available?

Kind of sounds like a dirty trick by the state if you didn't leave anything out.

Ohio is one of those states that seems to require you to prove that you held a full-time job concurrently while attending school .. when it comes to A&A.



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Jul 27, 2011
Follow-Up Response
by: DJ

I knew of the consequences beforehand, but had to notify the State that I was going to school; there was no choice in the matter.

Further, I worked for over 20 years in the same job -- in a very narrow field that has little opportunity elsewhere... where I live. I had little choice but to seek a new line of work, so that is all I was doing by "re-educating myself". I signed up for the course after I already started getting unemployment... but with knowing that I'd be required to still make myself available and able to work, while looking for work. And I did just that.

Their own documentation said I could do this, if I make myself available -- but now they're saying I'm restricting myself... when I'm not. I am available. The school is optional and voluntary. I can walk away at any time. There's nothing restrictive about it. I'm just not the type to sit at home by the phone, waiting for it to ring... which it sounds like they are requiring me to do.




Did I give you the link to the OH Legal Abstract for Unemployment?

It has various OH precedent decisions on various unemployment issues.

Your issues would most likely be able and available and maybe suitable work might hold some interest for you as well.

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