Christina Royer
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Answers Posted By Christina Royer
It is NOT true that people who are fearful of contracting COVID-19 can refuse to return to work and qualify for unemployment compensation.
If you are currently receiving unemployment compensation and your employer recalls you to work and you refuse, you will have to disclose that to the Ohio Department of Job & Family Services when you file your weekly claim for unemployment compensation. Your employer may likewise have to report to ODJFS that you refused an offer of work.
In that scenario, your unemployment claim could be stopped. It is likewise not clear that you would qualify to receive unemployment benefits under the provisions of the CARES Act. Under the CARES Act, in order to qualify for benefits, one of the following must apply to your situation (this is not an exhaustive list):
1. be diagnosed with COVID-19
2. live with someone who has been diagnosed
3. be caring for a household member who is diagnosed
4. be the primary caregiver for a child whose school or daycare is closed
5. be unable to reach your place of employment because of COVID-19
6. you have been advised by a healthcare provider to self-quarantine
In short, if you refuse to return to work because you are understandably fearful of exposure to the coronavirus, you will risk losing unemployment benefits.
posted May 1, 2020 06:56 AM [EST]
If you are currently receiving unemployment compensation and your employer recalls you to work and you refuse, you will have to disclose that to the Ohio Department of Job & Family Services when you file your weekly claim for unemployment compensation. Your employer may likewise have to report to ODJFS that you refused an offer of work.
In that scenario, your unemployment claim could be stopped. It is likewise not clear that you would qualify to receive unemployment benefits under the provisions of the CARES Act. Under the CARES Act, in order to qualify for benefits, one of the following must apply to your situation (this is not an exhaustive list):
1. be diagnosed with COVID-19
2. live with someone who has been diagnosed
3. be caring for a household member who is diagnosed
4. be the primary caregiver for a child whose school or daycare is closed
5. be unable to reach your place of employment because of COVID-19
6. you have been advised by a healthcare provider to self-quarantine
In short, if you refuse to return to work because you are understandably fearful of exposure to the coronavirus, you will risk losing unemployment benefits.
posted May 1, 2020 06:56 AM [EST]
Answer to Severance pay and Ohio Unemployment
Unfortunately, yes, severance payments are offset from Unemployment compensation dollar for dollar.Once an initial application for benefits is allowed, you are given 26 weeks' worth of benefits calculated as a lump sum (example: $9000), which you can receive over the course of one year. Going forward, you establish eligibility on a weekly basis. Some weeks may be disallowed for various reasons, such as: 1. you were sick and not able to look for work; 2. you worked in a temporary position and were paid more than your weekly benefit amount; or 3. you received severance pay in excess of your weekly benefit amount.
Assuming your claim is allowed (it's not clear from your question where you are in the process), you will simply be disallowed for each week you get severance pay. Then, once your severance ends and assuming you otherwise meet the weekly eligibility requirements going forward, you will receive benefits.
Hope that helps,
Chris
posted Dec 21, 2017 12:42 PM [EST]
Hello!
Whether you can get unemployment while receiving severance depends on the language of the severance agreement. As a general matter, the Ohio Department of Job & Family Services (ODJFS, the agency that administers unemployment) will offset severance pay from unemployment compensation, dollar for dollar.
This is so unless the agreement states that the severance payment is "allocated" to your last day of work (or some other time when you weren't claiming unemployment benefits). Most agreements don't say that, unless someone asks for that language to be included.
The same offset/allocation rules apply even to lump-sum payments. ODJFS will figure out how many weeks of pay the lump sum represents, and then apply the weekly amount against unemployment for that week.
Depending on how many weeks of pay your severance represents, it may be easier to wait to apply for unemployment until the end of those weeks.
If you have a long severance and waiting would negatively impact your unemployment benefit amount, then it may make sense to apply now.
This response is generally how this works. To provide specific advice on your situation, an attorney would need to see your severance agreement and hear more about the particulars of your situation.
I hope this helps,
Chris
posted Apr 26, 2017 08:41 AM [EST]
Whether you can get unemployment while receiving severance depends on the language of the severance agreement. As a general matter, the Ohio Department of Job & Family Services (ODJFS, the agency that administers unemployment) will offset severance pay from unemployment compensation, dollar for dollar.
This is so unless the agreement states that the severance payment is "allocated" to your last day of work (or some other time when you weren't claiming unemployment benefits). Most agreements don't say that, unless someone asks for that language to be included.
The same offset/allocation rules apply even to lump-sum payments. ODJFS will figure out how many weeks of pay the lump sum represents, and then apply the weekly amount against unemployment for that week.
Depending on how many weeks of pay your severance represents, it may be easier to wait to apply for unemployment until the end of those weeks.
If you have a long severance and waiting would negatively impact your unemployment benefit amount, then it may make sense to apply now.
This response is generally how this works. To provide specific advice on your situation, an attorney would need to see your severance agreement and hear more about the particulars of your situation.
I hope this helps,
Chris
posted Apr 26, 2017 08:41 AM [EST]
Hello!
I do not believe that failing to give 2 weeks' notice is a reason to deny unemployment. Based on what you write, my guess is that you were denied because the Ohio Department of Job & Family Services (ODJFS) found that you quit the new job "without just cause."
Because you had an existing claim for unemployment, your claim stopped when you took the new job. Upon leaving the unsuitable job, you needed to either re-open your claim or continue claiming. ODJFS will then evaluate whether you quit that job with just cause. If not, your claim stops, and you will not be eligible for unemployment again until you work at least 6 weeks for a covered employer and earn a certain amount of money.
Sometimes it makes sense to retain counsel to assist with the appeal. You may want to consider contacting attorneys who do unemployment work to determine if working with counsel would be beneficial to you.
Chris
posted Mar 10, 2017 1:22 PM [EST]
I do not believe that failing to give 2 weeks' notice is a reason to deny unemployment. Based on what you write, my guess is that you were denied because the Ohio Department of Job & Family Services (ODJFS) found that you quit the new job "without just cause."
Because you had an existing claim for unemployment, your claim stopped when you took the new job. Upon leaving the unsuitable job, you needed to either re-open your claim or continue claiming. ODJFS will then evaluate whether you quit that job with just cause. If not, your claim stops, and you will not be eligible for unemployment again until you work at least 6 weeks for a covered employer and earn a certain amount of money.
Sometimes it makes sense to retain counsel to assist with the appeal. You may want to consider contacting attorneys who do unemployment work to determine if working with counsel would be beneficial to you.
Chris
posted Mar 10, 2017 1:22 PM [EST]
Answer to Can I receive unemployment during my non compete period?
Entitlement to unemployment compensation is driven by the reason you separated from your employer. The issue is either whether the employer terminated the employee for "just cause," or whether an employee quit for "just cause."Based on what you write above, it looks like you quit voluntarily to take another job closer to family -- a perfectly acceptable reason to leave one job for another!
That said, the Ohio Department of Job & Family Services (ODJFS) will likely say that you quit voluntarily for what it would characterize as "family obligations." Unfortunately, ODJFS views quits under these types of circumstances as being "without just cause," which means benefits are not payable.
Typically, it is difficult to get unemployment compensation when you leave a job voluntarily. "Just cause" to quit can include situations where the employer asks an employee to perform work that is unsafe, or where an employee is being harassed and complains, but nothing is done about it.
It doesn't hurt to apply for benefits in your case, but the likelihood of receiving them sounds like it would be pretty low.
Chris
posted Sep 21, 2016 2:03 PM [EST]
Answer to Am I eligible for unemployment?
Hello!If K-mart is letting you go as part of a store closing, you should be eligible for unemployment compensation. The standard for getting benefits is whether the termination is your "fault," meaning did you bring it on yourself?
Because a store closing is beyond your control, there is no "fault" on your part that would justify a denial of benefits.
Once a claim is allowed, you have to meet the eligibility requirements each week by looking for work and providing the relevant information to ODJFS by answering the questionnaires.
I hope this helps!
Chris
posted May 5, 2016 06:14 AM [EST]
I meant 3 days per month in the response above...
Chris
posted Jan 25, 2016 10:18 AM [EST]
Chris
posted Jan 25, 2016 10:18 AM [EST]
It sounds like your boyfriend has in place intermittent FMLA leave, which allows him 3 days off per month.
Employers may not interfere with employees' rights under the FMLA, or retaliate against them for using FMLA time.
If your boyfriend is complying with all of the employers' policies around taking time off (such as calling off by a certain time, using a certain call-off number, etc.), and is not going over his 3 days per week, then the employer may not demote him.
If the employer demotes him, or takes other adverse actions against him because he is using FMLA time, he should consult with an attorney right away.
Hope that helps!
Chris
posted Jan 25, 2016 10:17 AM [EST]
Employers may not interfere with employees' rights under the FMLA, or retaliate against them for using FMLA time.
If your boyfriend is complying with all of the employers' policies around taking time off (such as calling off by a certain time, using a certain call-off number, etc.), and is not going over his 3 days per week, then the employer may not demote him.
If the employer demotes him, or takes other adverse actions against him because he is using FMLA time, he should consult with an attorney right away.
Hope that helps!
Chris
posted Jan 25, 2016 10:17 AM [EST]
Answer to Took new job and got laid off in 2 weeks. I am denied benefits, how can I appeal this?
Unfortunately, under the Ohio unemployment system, you must work a minimum of 6 weeks in "covered employment" in order to be eligible for benefits. This is so regardless of the reason for the discharge (i.e., whether a layoff, a quit, or a termination for performance reasons).According to the FAQ that David Neel posted above:
"Ohio requires that you work six weeks in covered employment and earn three times the average weekly wage of the prior benefit year in order to be eligible for a second account."
Unfortunately because the law is written this way, there is nothing to do about it. You can try appealing, but the likelihood of success is zero, based on what you write above regarding the length of time you were in your new position before being laid off.
If you want to be sure, you can call the ODJFS processing center listed on your Determination of Benefit Rights, and ask them to explain this to you.
Good luck to you, and hopefully a new opportunity comes along soon!
Chris
posted Jan 14, 2016 10:26 AM [EST]
Answer to Should I file my weekly unemployment claims during the four weeks I will get severance pay?
As you seem to already know, severance payments are offset from Unemployment compensation dollar for dollar. Because you have already initiated the application process (although it's not clear from your question where you are in that process), the safest bet is to always file your weekly claims. That way, those weeks -- even if disallowed -- are claimed.Once an initial application for benefits is allowed, you are given 26 weeks' worth of benefits calculated as a lump sum (example: $9000), which you can receive over the course of one year. Going forward, you establish eligibility on a weekly basis. Some weeks may be disallowed for various reasons, such as: 1. you were sick and not able to look for work; 2. you worked in a temporary position and were paid more than your weekly benefit amount; or 3. you received severance pay in excess of your weekly benefit amount.
Assuming your claim is allowed, which it hopefully will be since it sounds like you were let go due to lack of work, you will simply be disallowed for each week you get severance pay. Then, once your severance ends and assuming you otherwise meet the weekly eligibility requirements going forward, you will receive benefits.
You may want to contact the Processing Center to which you are assigned to ask about how to deal with weekly claims and severance. I find that clients get different answers depending on the Processing Center.
I hope that helps!
Chris
posted Dec 17, 2015 09:28 AM [EST]
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