Unemployment Appeal Process about my case - Ohio

by Chris
(Northfield, OH)

Excellent site by the way, you are doing an invaluable service for those in their time of need.


Anyway, I am 41, have worked since I was 14 (on a farm back then) and have been in my field of architecture for the past 17+ years. I've worked for 3 different companies over those 17 yrs and all with exemplary reviews! One company for 8 yrs, another for 7 yrs, and lastly, my last REAL JOB was for 2 yrs. Now when I say REAL JOB I mean a respectable company that people are willing and eager to work for, NOT like some of these owners who treat their employees without any respect whatsoever. (I think you may know where I'm going with this!)

Anyway, I got laid off from my last position due to "lack of work" just this past June 2009. The economy was in the midst of a downward spiral, and I was given ample time from my previous employer to go an try finding another position. I was very fortunate and found a new office willing to hire me during that time and didn't miss a day of work. I was let go on 6/5 and started my new position on 6/8. It was probably the only architectural office hiring at that time in the State of Ohio. I was grateful, I didn't have to burden the already overbooked unemployment system (although I had every right to at the time and should have!)

Needless to say, my thankfulness became regret rather quickly. My new bosses were direct from Hades! Well, I can't say they all were, but ONE in particular had a special knack for ruining everyones lives on a frequent basis. And wouldn't you know, that was the 1 of the 3 that I had to work directly for. Problem was, she wasn't abusive to me or others about our work being wrong, just that it didn't hold to some office standard that no one was trained on or even knew about. I know our work was good, I've been doing it for 17 years. Since I was in a supervisory role and being the lead on projects for others I worked with, I was especially abused. They made us constantly change the drawings and run up the hours on the project because of these changes they insisted be made. I was being told that I was "wasting their time and money" on the work. After the constant abuse on this, I ended up blowing up at one of the owners. I took out my frustrations on him after he used the "wasting time and money" line on me AGAIN! So I ended up going to the president of the company and sat down with him to vent my frustrations about the constant abuse. Funny this was, it was his wife that was the one doing much of the abuse. I never really saw or interacted with him much except for the interview.

Well, he said he had heard of no issues with my work and assured me he would get the partners together when they returned. This was at noon, and come 5pm they all just decided to leave me hanging. Didn't approach me to discuss, even though I had overheard them all discussing the situation earlier in their office. This blatant disregard, BY MY BOSSES, for my well being just made me realize I've had enough. I'd been there about 2 months, they didn't want to address it, didn't have enough respect for me to come and talk, why should I have the respect for them and continue working? So I packed up my things and left. Only about a month after working there and seeing the abuse, not only to myself, but other employees, I realized this was not the place for me and started looking for
other work. I did have an interview, but nothing more came of that.

Fast forward to today (sorry so long) and I just received the letter once again denying my unemployment claim because I quit without "just cause" from this job. Funny thing was they also said it was approved for "lack of work" from my previous job, but I guess since I quit this 2 month stint, I need to work for another 6 weeks and become unemployed again before my benefits would kick in.

I assure you that any ordinary intelligent person would have done the same thing under these same conditions, and actually has! The person I took over the job for had walked out because of the abuse (or fired, not quite sure) and was told that by numerous people in the office. Same happened with the person before him. I saw one of the girls in the office get fired by this raving lunatic of a boss. I talked with this girl recently and she said the owners are also denying her claim, saying that she quit. I am planning on appealing my claim and even going to court if necessary. What are your thoughts on this? Also, I know I have subpoena rights, but can I subpoena this companies employee documents on hirings/firings? Can I subpoena the unemployment services documents on others who have made claims from this company in the past that may support my claim? Or am I just spinning my wheels?

Thanks for your help and thanks especially for bearing with me during my ramblings on of only a few of the facts.


Hi there Chris,

You realize that this is what I offer my services for, but there was one little part of your story that needs to be explored by you.

I assume you have read my page about quitting.

The part of your story that I'm having a problem with is:

"This was at noon, and come 5pm they all just decided to leave me hanging. Didn't approach me to discuss, even though I had overheard them all discussing the situation earlier in their office. This blatant disregard, BY MY BOSSES, for my well being just made me realize I've had enough."

No, you cannot subpoena others unemployment or personnel files from this employer. You can subpoena documents you know to exist in your file or other documents that will be relative to YOUR choice to quit. You of course could ask others to be a witness to add weight to the INTOLERABLE working conditions.

I cannot tell if it was actually 4 hours that you allowed to the employer to address your problem or not .. but it sounds like it ... this is not good.

Employer do not deny unemployment benefits when you quit .. or even when you are fired.

The state does that after receiving information from you and the employer. You failed to present the good cause for quitting.

You quit. The burden to show it was with good or just cause is yours alone.

It sounds like you quit because the president left you hanging. What took place in that private meeting with him is relevant, but I think it would be extremely difficult to prove you had good cause because you did not allow the employer enough time to "correct" what it was that you spoke to him about.

Personally, I'm right there with you. I decided to start a website so I wouldn't need to be reliant on others who insisted I work longer and harder for the same amount of pay as a reward for my years of hard work. Sometimes the price is just to high for a "paycheck".

Instead I'm working longer and harder for less money .. but I'm in control of every choice I make now. To me, that is invaluable.

Chris

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May 14, 2012
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why was i denied benefits for unemployment after being released from workers comp.
by: Anonymous

I went out on worker's compensation March 29, 2011. I have reached MMI and was released for work with restrictions. My company said they could not accommidate me at this time so I was terminated after being there 12 years. I can't get unemployment I have appealed 2 times. Should I keep appealling this. I was terminated on April 2, 2012. I contacted my home office to tell them I was being released the same day the doctor gave me my paper's.




What's MMI?

And what have you appealed two times .. a denial of unemployment?

Ohio is a state that consistently goes through a redetermination phase prior to any real unemployment appeal.

Could it be that you appealed the claims determination and redetermination and are now waiting for your appeal hearing?

Apr 17, 2012
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resignation
by: Anonymous

I worked for an employer for close to 3 years.I started at an entry level position an worked up to assistant manager then to manager.well I was demoted for no REAL reason and worked for the newly hired manager.he didn't last and I was not given my title back but given the same duties.I worked under these conditions for a year and things were stable untile the demoting game came back.I say game because it was just that.production was flourishing but nit picking an conspiracies returned.my boss tried to get me to train a NEW manager but I said not again.well I was confronted with this guy in a threatening manner.I told my boss and he blew it off an me feeling threatened I walked out.I called off the next day an was informed via letter that me leaving was taken as a resignation.I didn't quit an I didn't tell my boss I was leaving but we had a loose attendance policy.

Nov 10, 2011
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how long after you go through your appeal does it take for results
by: Anonymous

If you're asking about a lower level appeal hearing .. then I would start to become concerned if I did not have the decision in two weeks.

However, many states do let you check the status of an appeal online.

I'm fairly sure Ohio does .. since that was the state from which the original question asked about.

Sep 16, 2011
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Just Outdone
by: KK

Bull____. I quit to take care of my mom. I went on vacation for two weeks. In the process my mom got ill taking care of my step dad with alzheimers. There is no one else who can help her, everyone else has their own lives. Now Oklahoma is just as bad with job opportunities. If you are not Caucasion you have to be on the back burner. I had to quit my job too. I relocated To Oklahoma. The person I spoke with at the unemployment office advised me that I could quit my job, and relocate however, my job is denying me the right to unemployment compensation. Now this is supposed to be a Christian company, NOT. YOU keep fighting cause I know the real GOD, and I will have a victory in the end.

Jan 29, 2011
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You quit a job subsequent to time you started receiving benefits.
by: Chris - unemployment-tips.com

What happened to you is what happens to many.
Unemployment is an ongoing process and you file claims for additional benefits for up 26 weeks of regular benefits.

Each week, they ask questions and each question has the potential to stop payment of benefits.

Your weekly benefit amount was based on earnings from both those jobs .. not just the one you were laid off from .. the problem is .. that quitting a part-time job .. which your WBA considers means .. well never mind what it means .. just know that the state .. any state really .. considers this disqualifying from collecting further benefits .. not just because you might have quit suitable work and it was since you had that job while working full-time .. but it also sounds like you might have quit to attend school.

Which brings up the real question .. about your schooling and if that might have been the real reason for quitting. See Table 5-12.

I wish you luck with your appeal .. I know this recession is not working well with the way things have always been done .. but I'm not holding my breath for any reforms that would make sense either.

What if private business does start creating plenty of new jobs .. will there be anyone with newly acquired knowledge and skills to fill the positions which I believe will definitely require advanced skills .. if people can't finish their schooling because they lose their UI benefits if they act to overcome this .. I think it is the height of stupidity or shows a disrespectful lack of faith our government has in us .. the people that have always worked for a living ..

I sick to death of the rhetoric about the unemployed that are gaming the system or the unemployed that have given up. They've always been there .. but this very long round has included those who've never been in this position before .. nor ever wanted to be .. and sure don't want to be satisfied with unemployment benefits.

I say, get the hell out of our way and we will do whatever we have to do, to be productive again .. Just don't ask us to lay down and be satisfied with less than what we have spent a lifetime working for ..

This is just a just a quandary that rolls around in my head .. from time to time.

Chris - unemployment-tips.com

Jan 29, 2011
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denied for going to school
by: David

I worked fulltime for a machine shop for 5yrs10monthand was laid off.I had no problem getting unemployment benefits but here is where the problem began.

At the beginning of 2010 I got a part-time job. It was min wage and in April they cut me down to 8 hrs a week they had to cut hrs.They liked my work but they knew I had another job and the rest of the employees didn't.

After I got laid off I kept that part-time job and made so little that it didn't even effect my benefits except by a dollar. ODJFS encouraged me to go to school so I decided to do it. Now my schedule made it impossible to go to school and keep that job so i quit.I figured it was such low pay that passing on school and the potential better future I would have is worth a min wage 8hrs a week job. I made a whopping 50$ a week and after gas and other expenses with getting to the job it was actually 30$. They not only denied me further benefits but said I have to pay them back 2weeks pay. Now I have no choice but to quit school because I have no money for gas to get there and I can"t pay bills. They said my quitting wasn't justified. I said my benefit was based on my full-time job and they said no it was based on both. How can they base my benefit on a job I was still working?

Basically, I felt they used any excuse they could to deny me. In the manual they said I quote "quitting for just cause is whether the action taken was one that would be taken by an ordinarily careful person under same circumstance" I guess they are trying to tell me a careful person would keep a min wage job getting 8hrs a week instead of going back to school. They said I quit suitable work, now who would agree 50$ a week is suitable.

Now I'm forced to go back to that job living in poverty. I received benefit with that job so how can it be suitable. I will appeal.





Sep 14, 2010
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Unemployement Appeal by Employer
by: Anonymous

I am curious if anyone can tell me what I should expect from this. I was recently let go from a company I was with for two years and during that time I had risen through the ranks rather fast due to performance, To cut a long story short I was let go due to "lack of performance" so naturally i filed for unemployment. I received notice that I had won my unemployment about three weeks after I made the claim. I have received about 5 payment through the unemployment office and just received an email stating that my former employer has filed an appeal. What steps should I take and is there a good chance it could be over turned?



I will tell you what the employer will be trying to prove.

That your "lack of performance" was intentionally, neglectful in some way and that you had the ability to improve or maintain your your former performance that took you through the ranks so quickly.

So how do you defend against this .. by focusing on the reasons your performance fell off. You have to show that your lack of performance was in fact due to something the employer did .. or failed to do.

There really isn't any one specific thing. You have to be adaptable to the specifics of the situation you dealt with.

For brevity sake .. The unemployment department will need to be convinced of that the difference is between neglect or "lack of performance" and an inability to perform.

An inability is generally, not found to be misconduct when you can present this information in a convincing and credible way.

Chris

May 19, 2010
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The Economy's the REAL reason!
by: RayRay

I worked at a foster care agency for 11 years. I loved my job & performed all my duties at maximum effort-my performance appraisals support that statement. In Dec 2010, I got an OVI charge & received driving privs from the court. I notified my job the day after the incident & was told, as long as I could continue to carry out my job functions, which included transporting kids, my job would be safe. I was so happy because I expected to be let go then. I was fired in April 2010--the reason being the OVI. I had permission to transport & did so for almost 4 mths & all of a sudden I was of no use. They tried to get me to resign, but I refused. I didnt have a case for unjustified firing because I was an at-will employee, but I figured they'd at least let me get unemployment...but no. So now I'm appealing it. What are the chances I will win?



Hi RayRay,

You understand that I can't tell you if you will win from just what you told me .. right?

Although I do see possibilities. I'm not sure what an OVI is, but if the employer was notified at the time and it took 4 months for them to fire you for it .. I think you have a possibility.

And by the way, I'm getting kind of tired of having to explain to people that almost all Americans are at will employees .. it doesn't mean much to me except that it is the reason we have to protect ourselves while we are still employed against the fact that we're all at will employees.

The only state that I know of that requires an employer to have cause to fire someone is Montana.

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