Labor Laws

+ Reply to Thread

Results 1 to 3 of 3

You can appeal any determination of compensation for unemployement, but you have to do it in writing and within their deadlines (so if you've received a Determination of Benefits appeal NOW, if you get the Statement of unemployment compensation paid it will be too late), and they are sticklers for it. Appealing does not stop unemployment payments, but if you win, she would be required to pay back all unemployment payments received. When you appeal, you have to have documentation in writing (preferably with her signature) as to why she left the position, and it would have to not be an accepted reason for unemployment filings. According to the ODJFS, (ODJFS Online | Unemployment Compensation FAQ's) requirements are as follows:
What are the requirements to establish eligibility?
There are two types of requirements. The first type of requirement is monetary (weeks and wages). The applicant must:
* Be unemployed at the time of filing; and
* Have at least 20 qualifying weeks of covered employment in the base period and
* Earn an average weekly wage of at least $213.00 (this amount changes each year).
The second type of requirement is non-monetary (unemployment must be through no fault of the applicant).

A more detailed list is here: Ohio Unemployment Claims – Complete Guide | File Unemployment
1. You must have lost your job through no fault of your own. That means if you have quit job voluntarily you may not qualify for unemployment insurance. However, there are exceptions - such as working in hazardous or inhuman working conditions etc. to this rule.
2. You must be willing and able to work. If you are physically disabled, you do not qualify.
3. If you have received severance package when you lost job, you do not qualify.
4. You must have earned minimum wage credits. Ohio State minimum weeks of covered employment requirement (employer must have paid unemployment taxes on your behalf): 20
5. Minimum wages earned during the base period: $4200. This amount may change every year. You can get get complete eligibility criteria and the benefits calculator from state website mentioned in the next section.

But I am not so sure I would rely on the second website, as the first is the official one. At this point it's a murky issue, as to whether she quit (not eligible) or you fired her (may be eligible). The biggest thing they look for is documentation. You will not be allowed to talk to the person who decides the appeal (unless your appeal fails and you appeal the rejection of your appeal, in which case you'll have to present your side in person) it has to be done in writing. So your best bet is to explain, as clearly and succinctly as possible exactly what happened, and include any documentation. Her signing a "mutual statement" should help if they take it that she left the position voluntarily. As someone who works in payroll, I agree that it would be nightmare if her husband was working her job; as you say, with BWC issues and not to mention the rest of the taxes... I think you did the right thing in putting him on the payroll instead of her. Most people, I think, don't understand that their former employees foot the bill for their unemployment payments. It won't hit you now, it will hit next year, when they adjust your rate upwards to compensate for having paid her this year, if your appeal does not go through. If you need more details on how exactly payments work I can give you that.

You can appeal any determination of compensation for unemployement, but you have to do it in writing and within their deadlines (so if you've received a Determination of Benefits appeal NOW, if you get the Statement of unemployment compensation paid it will be too late), and they are sticklers for it. Appealing does not stop unemployment payments, but if you win, she would be required to pay back all unemployment payments received. When you appeal, you have to have documentation in writing (preferably with her signature) as to why she left the position, and it would have to not be an accepted reason for unemployment filings. According to the ODJFS, (ODJFS Online | Unemployment Compensation FAQ's) requirements are as follows:
What are the requirements to establish eligibility?
There are two types of requirements. The first type of requirement is monetary (weeks and wages). The applicant must:
* Be unemployed at the time of filing; and
* Have at least 20 qualifying weeks of covered employment in the base period and
* Earn an average weekly wage of at least $213.00 (this amount changes each year).
The second type of requirement is non-monetary (unemployment must be through no fault of the applicant).

A more detailed list is here: Ohio Unemployment Claims – Complete Guide | File Unemployment
1. You must have lost your job through no fault of your own. That means if you have quit job voluntarily you may not qualify for unemployment insurance. However, there are exceptions - such as working in hazardous or inhuman working conditions etc. to this rule.
2. You must be willing and able to work. If you are physically disabled, you do not qualify.
3. If you have received severance package when you lost job, you do not qualify.
4. You must have earned minimum wage credits. Ohio State minimum weeks of covered employment requirement (employer must have paid unemployment taxes on your behalf): 20
5. Minimum wages earned during the base period: $4200. This amount may change every year. You can get get complete eligibility criteria and the benefits calculator from state website mentioned in the next section.

But I am not so sure I would rely on the second website, as the first is the official one. At this point it's a murky issue, as to whether she quit (not eligible) or you fired her (may be eligible). The biggest thing they look for is documentation. You will not be allowed to talk to the person who decides the appeal (unless your appeal fails and you appeal the rejection of your appeal, in which case you'll have to present your side in person) it has to be done in writing. So your best bet is to explain, as clearly and succinctly as possible exactly what happened, and include any documentation. Her signing a "mutual statement" should help if they take it that she left the position voluntarily. As someone who works in payroll, I agree that it would be nightmare if her husband was working her job; as you say, with BWC issues and not to mention the rest of the taxes... I think you did the right thing in putting him on the payroll instead of her. Most people, I think, don't understand that their former employees foot the bill for their unemployment payments. It won't hit you now, it will hit next year, when they adjust your rate upwards to compensate for having paid her this year, if your appeal does not go through. If you need more details on how exactly payments work I can give you that.