If your claim for unemployment benefits has been denied in Ohio, you may think that you’re out of luck. But that’s not necessarily true. In Ohio, as in all other states, you have the right to appeal a denial of unemployment benefits. If you file an appeal and win, you will receive all benefits to which you are entitled. This includes retroactive benefits: benefits from the time that your application for unemployment should have been accepted.
This article explains some common reasons why unemployment claims are denied, how to appeal a denial of unemployment benefits, and how to argue your case. For more information on unemployment benefits in general, see our Collecting Unemployment Benefits page.
You will receive a Determination of Benefits letter from the Ohio Office of Unemployment Compensation (part of the Ohio Department of Job and Family Services, or ODJFS) if your unemployment claim has been denied. The determination letter will explain why your claim was denied and provide information on the appeals process.
Common reasons why unemployment claims are denied include:
It’s not always worthwhile to appeal a denial of unemployment benefits. For example, if you clearly don’t meet the earnings requirements, there’s no point in wasting your time on an appeal. If, however, if it's a close case as to whether you were fired for misconduct, filing an appeal might be a good idea.
If your claim for benefits is denied, you must file an appeal with the ODJFS within 21 days of the date the determination letter was issued. You may file your appeal electronically, by fax, by mail, or in person.
When you file your appeal, make sure to briefly explain why you believe you should receive benefits. For example, if the decision letter states that you were denied benefits because you were fired from your last job for misconduct, you might state, “I was laid off along with the rest of my department when the company outsourced our jobs.”
Throughout the appeal process, you should file weekly claims for unemployment benefits, look for work, and keep records of your job search, just as you would if your application for benefits had been granted. This may seem like a waste of time, but it’s not. If you win your appeal, you will be entitled to benefits retroactively from when your application should have been accepted – but only if you’ve been following the usual rules to receive benefits.
Once it receives your appeal, the ODJFS has 21 days to decide whether to issue a redetermination of your claim or refer your appeal to the Unemployment Compensation Review Commission (UCRC). If the ODJFS issues a redetermination, you will receive it by mail. If you don’t agree with the redetermination, you may appeal it directly to the UCRC. Again, you have 21 days from the date the redetermination was issued to file this appeal.
If you appeal to the UCRC, you will receive a notice of hearing, explaining when and where the hearing will take place. Most hearings are held by phone in Ohio, but the URC may schedule an in-person hearing in some circumstances.
At the hearing, the hearing officer will ask questions, review documents, and make a decision on your appeal. Your employer will also likely attend the hearing and may be represented by an attorney. You may hire an attorney to represent you, too.
You should be prepared to present all of the evidence showing that you should have received unemployment benefits. If there is a dispute over why you were fired, for example, you should submit any documents you have showing that you were not fired for misconduct, such as a separation notice indicating you are being laid off for lack of work. You may also want to present witnesses who can support your side of the story, such as a coworker who was laid off at the same time and was given the same information as you. The hearing notice will explain how to present copies of your documents to the hearing officer.
During the hearing, make sure you are ready on time, with your documents and any witnesses you want to present. Make sure to answer all of the hearing officer’s questions thoughtfully and carefully. You have the right to question your employer’s witnesses, and your employer (or its representative) has the right to question you and your witnesses. Once all the evidence has been heard, you’ll have a chance to make a closing argument. Make sure you state all of the reasons why you believe you are entitled to benefits.
After the hearing, the hearing officer will mail a written decision to the parties. If you win your appeal, you don’t have to do anything further.
If you lose your appeal, you can request a review of the hearing officer’s decision by the members of the UCRC. You must file this request within 21 days of the mailing date on the hearing officer’s decision. You may file it by fax or mail. The members of the UCRC may grant or deny your request to review the decision of the hearing officer. Either way, you will be notified.
If you disagree with the UCRC’s decision, you may appeal to the Common Please Court of the Ohio county where you live or last worked.
If you are considering an appeal, review the helpful information on the Appeal Rights page of the ODJFS. It includes deadlines, information on what to include in your appeal, and more.
You may also want to consider hiring an attorney to help you with your appeal. Your employer may have an attorney at the hearing. If so, having a lawyer on your side will help even the odds. An attorney can question witnesses, help you decide what evidence would be most helpful, and present legal arguments about why you should have been awarded unemployment benefits.
However, you’ll have to consider whether the cost of hiring an attorney is worth what you might win in benefits. An attorney should be willing to meet with you for a quick consultation to review your case, explain your chances of winning the appeal, and talk about fees. If you have a strong case and the fees are reasonable, it might make sense to hire a lawyer to represent you.