Appeal request filed by employer

by Tom

(Columbus, Ohio)

I was terminated from my job in December ’09, and successfully passed my initial on 1/19/2010.
Today (2/10/2010), I received a “request for appeal has been filed” notice from Ohio Unemployment. The employer’s reason for filing the request is somewhat vague – it connects unrelated issues from a full year (almost 13 months, actually) prior to what happened to cause my termination, as well as connecting me to an incident that occurred at the job site when I was not there and had absolutely no connection with at all. In fact, it appears to make me the person responsible for the incident.
All told, I have 3 points of contention toward the validity of my former employer’s statement.

What I would like to know is:
Should I attempt to reply to this and provide clarifying information, or just wait and appeal if necessary?

Hi Tom,

If you already received a determination allowing benefits .. I suspect, that since you are in Ohio .. what you have received is a notice that the employer has requested a “redetermination”.

Normally the process is like this in OH.

I guess it wouldn’t hurt to call the department or fax in a clarifying rebuttal .. but unless the employer’s story has changed from their initial response to the claim filed notice and or they have submitted supporting documentation with their appeal .. I wouldn’t expect the state to reverse.

What I would expect if they have just resubmitted the same story is the redetermination to affirm the first one and the employer to appeal that .. at which time you’d all go to hearing.

Comments for Appeal request filed by employer – Ohio

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Jun 02, 2016
Rating

State appeal

by: Anonymous

So I recently won my unemployment claim I was fired for being out of work to long with a health condition fully u see doctors care I was only at my job six months so didn’t qualify for fmla employer didn’t respond in time for determination therefore I was awarded benefits now I got an email from odjfs saying hr business solutions is saying I’m not entitled to benefits gonna call this morning ing very nervous what should come of this????

Mar 05, 2010
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Initial Determination Affirmed!

by: Tom

I just received notice that ODJFS affirmed the original Determination. I am SO glad that part’s over.
I consulted with a local UI attorney, and his advice paralleled yours with regards to refuting the employer’s claims. I ended up disputing all points of the employer’s Appeal Request, and faxed my rebuttal in prior to the deadline.
Following more of his advice, I stuck to the points that the employer listed. This was to prevent the employer from gaining any advance notice of what I would bring up if they push for an Appeals Hearing.
Evidently, it worked – or at least didn’t hurt.
Now, all I’m hoping for is that the original appeal request is the end of it.

Tom

Tom,

I hate to be a wet blanket, but in Ohio .. they issue a “redetermination” if the employer chooses to an appeal of the redetermination is what causes an appeal hearing .. I’m don’t know if your employer uses a “service” or not, but it is SOP to appeal again if they do.

So it’s a wise idea to have everything lined up for the event of an “appeal hearing” .. so you can nail the coffin shut.