How Employers in Ohio Can Appeal Unemployment Insurance Decisions
Understanding the rules and regulations regarding unemployment compensation employer appeals in Ohio is important for all employers to know about. If a former employee is filing for unemployment benefits and is awarded those benefits, the employer can dispute the decision of the Ohio Department of Jobs and Family Service (ODJFS) to grant benefits to that employee. However, reemployment assistance employer appeals can be complex and involves a specific process that must be followed. To find out how to file a reemployment assistance appeal in the state of Ohio, continue on to the sections below.
What is an Ohio employer appeal to an unemployment insurance decision?
An Ohio unemployment assistance employer appeal can only take place if the ODJFS has made a decision about the former employee’s eligibility to receive unemployment benefits. A notice of determination will be sent in the mail to notify the former employer when the ODJFS has made this decision. However, this is not to be confused with a request for separation information that will also be mailed to an employer about unemployment benefits. The request is first sent when the employee has learned how to apply for unemployment benefits and has submitted an application successfully, but has not officially been issued the benefits. The point of this notice is to collect information from the employer about the employee to ensure that the details that the employee is giving the ODJFS are true. Afterward, the notice of determination will be sent to both the employer and the employee to notify them of the ODJFS’s decision. Employers can only file a reemployment assistance appeal after receiving the determination letter.
How to File a Reemployment Assistance Appeal in Ohio
Many employers often ask themselves, “How does an employer appeal a reemployment assistance decision?” when they first receive a determination letter informing them that a former employee is now eligible to receive unemployment benefits. To create an employer request to appeal reemployment assistance, you will need to draft up a letter that contains information about yourself and the claim. You should include:
- Your name.
- The employee’s name.
- The employee’s Social Security Number.
- The determination ID number, which can be found on the determination letter.
- Details, information or documentation that supports the reason you are appealing.
To complete your Ohio employer unemployment compensation appeals process, you can submit your letter to an online system provided by the Ohio state government, or you can fax your letter. If you prefer to use the mail, you can send the letter to the ODJFS Redetermination Unit. Download our free guide to review more details on sending your appeal letter.
Your employer request to appeal unemployment assistance must be postmarked no later than 21 calendar days from the date that the determination letter was issued. If the 21st day falls on a weekend or a government holiday, the deadline will be extended to the next business day. If an employer has a valid reason for sending in an appeal letter past the 21-day deadline, he or she must explain that there was a valid reason, such as a medical condition, that prevented him or her from sending the letter in on time.
If the reason the employer request to appeal reemployment assistance specified is considered valid, then the employer will be reimbursed benefits that were given to the employee while the appeal was under review. To make sure benefits are disrupted to ineligible unemployment applicants, employers are strongly urged to file for appeals as soon as possible if they believe the employee is not qualified for unemployment assistance.
What do I do if my Ohio unemployment assistance employer appeal is denied?
If an unemployment assistance employer appeal is reviewed and a redetermination is issued in favor of the employee who has claimed unemployment benefits, the employer may appeal again. This is called an appeal for reconsideration, and it is dealt with by the Unemployment Compensation Review Commission (UCRC). In many cases, the UCRC will hold a hearing where you (or your legal representative) can present your case for appealing the decision further. If an employer is not satisfied with the decision made by the UCRC, he or she can take the matter to a higher court, such as the Common Pleas Court of Ohio.
To understand how to file a reemployment assistance appeal for a redetermination, you must know the methods that are available to you for filing with the UCRC. You may fax your appeal letter or mail it to the Unemployment Compensation Review Commission. You will have 30 days to submit your appeals letter to the UCRC after the date the redetermination was issued. You will then have 45 days after the UCRC hearing to appeal to a higher court. You are not required to have an attorney when appealing a determination of unemployment benefits in Ohio. However, if you are taking your case to a court of law after appealing with the ODJFS and UCRC, it is highly recommended that you seek legal counsel. To read more about employer unemployment appeals, download our complimentary guide.