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Establishing Eligibility for Unemployment Compensation Benefits (cont.)
Reason for unemployment:
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| If laid off, may the applicant be eligible for benefits? |
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An applicant's unemployment must not be his/her fault. If laid off due to a "lack of work" (for example, the job was abolished, the business closed, or the plant shut down), there is no question that the applicant did not cause the unemployment. The monetary requirements also must be met to qualify for unemployment benefits. |
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| If he/she quit, may the applicant be eligible for benefits? |
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An applicant's unemployment must not be his/her fault. If the applicant quit a job when the option of remaining employed existed, he/she has caused the unemployment. To establish eligibility, the applicant must show that he/she had "just cause" for leaving the job. |
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| Examples of "just cause" may include such reasons as: |
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- The worker's health was endangered or he/she was physically unable to do the work. The worker notified the employer with a medical statement before quitting and gave the employer reasonable time to find other suitable work for him/her.
- The employer refused to meet conditions of the hiring agreement, such as hours or wages.
- The employer refused to provide legally-required safety equipment or measures.
- The employer required the worker to perform work that violated accepted moral or legal standards.
- The applicant must provide information showing that he/she had "just cause" for quitting the employment.
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| If he/she was discharged (fired), may an applicant be eligible for benefits? |
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An applicant's unemployment must not be his/her fault. If discharged from a job, the applicant may be considered not eligible for benefits -- if the employer shows why the discharge was for "just cause." |
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Examples of a discharge for "just cause" include if the worker: |
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- Violated established company rules.
- Neglected the responsibilities of the job.
- Disregarded the employer's interests.
- Performed the work carelessly.
On the other hand, if the worker was fired because he/she refused to perform duties that were known to endanger one's health or violated accepted legal standards, the discharge is not considered to be for "just cause." |
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If he/she participated in a voluntary separation plan offered by the employer, may the applicant be eligible for benefits? |
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Eligibility for unemployment compensation when a claimant has taken a special attrition package or buyout depends upon how the special attrition package is structured. Under Ohio law, a worker who is separated under an employer approved plan which permits the employee, because of lack of work, to accept a separation from employment is determined to have quit with "just cause" and may be eligible for regular state unemployment benefits. However, separation or termination pay would be considered deductible income.
If the buyout proceeds, as allocated by the employer, are attributed to the last day of employment (whether paid in a lump sum or not), the income would not be considered deductible pursuant to Ohio state law. In contrast, if the employer allocates the proceeds over a period of time or is silent on the issue, the income will be treated as weekly income (whether paid in a lump sum or not) and deducted from any potential UC payments. |
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| What is meant by just cause? |
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Ohio law defines "just cause" for a quit or discharge as whether the action taken was what an ordinary person would do under similar circumstances.
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| If unemployment is due to pregnancy, may the applicant be eligible for benefits? |
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The law does not provide specific disqualifications for unemployment due to pregnancy. Any issue related to pregnancy must be decided under the regular eligibility provisions of the law, including being able to work and available for work.
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| If he/she is unemployed because of a labor dispute (not a lockout), may the applicant be eligible for benefits? |
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If you are unemployed because of a labor dispute other than a lockout, you will be disqualified from unemployment benefits during the dispute. On the other hand, if you became unemployed because of a lockout, the labor dispute will not disqualify you from eligibility of benefits.
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| If he/she is unemployed because of a lockout, may the applicant be eligible for benefits? |
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If the applicant's unemployment is because of a lockout, the labor dispute will not disqualify him/her from eligibility for benefits.
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| Does the agency contact the applicant's former employer(s)? |
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Yes. The law requires the agency to let the applicant's most recent employer(s) know that the applicant has applied for benefits and to obtain information needed to process the application. Base period employers receive a notice of the applicant's eligibility and the percentage of the benefits for which they may be charged. | |