Complete Labor Law Poster for $24.95
from www.LaborLawCenter.com, includes
State, Federal, & OSHA posting requirements

Announcement

Collapse
No announcement yet.

Determination Reversed, but Monetarily Ineligible Ohio

Collapse
This topic is closed.
X
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • Determination Reversed, but Monetarily Ineligible Ohio

    I was let go from my job for what I believe for unjustifiable reasons. Work said I violated a policy--but that policy had been violated months earlier and they let me continue working. I filed for unemployment and initially was denied. I appealed that decision and I just found out that a "portion" of the determination has been REVERSED and it was found that I was "discharged without just cause." The section above that states that ODJFS has "DISALLOWED" my application for unemployment and that I am "Monetarily Ineligible." Can someone please explain what this means? How can it be reversed and yet I can't get unemployment? I have a chance to appeal it, but do not understand what is happening and do not feel I can do this effectively withouth proper knowledge. Thanks in advance.

  • #2
    There are two prongs to the unemployment fork, and you must qualify under both of them. To receive unemployment, you must have lost your job through no fault of your own, AND you must have earned sufficient wages in the base period to qualify. If EITHER criteria is not met, then you cannot collect UI.

    It sounds as if while they have determined that you meet the "no fault of your own" criteria, you do not meet the "sufficient wages in the base period" criteria.
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

    Comment


    • #3
      That's interesting...in Arizona...the state looks at the last two years of employers and consider all of them "base period" employers.
      Not everything in America is actionable in a court of law. Please remember that attorneys are in business for profit, and they get paid regardless of whether or not you win or lose.

      I offer my knowledge and experience at no charge, I admit that I am NOT infallible, I am wrong sometimes, hopefully another responder will correct me if that is the case with the answer above, regardless, it is your responsibility to verify any and all information provided.

      Comment


      • #4
        I really just dont understand. I worked there for 12 years & was a great employee-how long do you have to work for the base pay qualification?. The letter says I am 'disallowed because of a disqualifying separation,' but then turns around & says I was let go unjustifiably & they've reversed their initial decision. Im so confused. Do I appeal this & if so, what do I say? This has caused me financial hardship & really thought I finally qualified...

        Comment


        • #5
          Were you working full time? Part time?
          The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

          Comment


          • #6
            Full-time salary w/benefits. I tried to talk to someone at the UI office on Fri. At that time, I thought I had qualified and the guy I spoke to said he really only did applications, but thought it looked like I had it too. Then when I reread it several times, I noticed that the heading said 'Monetarily Ineligible,' and I was like, wait a minute. Is it possible my work is saying they refuse to pay or something?

            Comment


            • #7
              I am assuming that you had taxes taken out of your check, and had W2s issued to you at year end. If so, appeal the UI decision and bring copies of the W2s.

              Just to be sure, there are a very few classes of employers who are not in the UI system. May I ask what the industry is?
              "Reality is that which, when you stop believing in it, doesn't go away".
              Philip K. **** (1928-1982)

              Comment


              • #8
                Do you have pay stubs? Or at least your W-2? Appeal. In fact, you should have gotten a letter when you first filed, stating what your wages were, by quarter and by employer, before the decision to deny was made. The employer may not have correctly reported your wages. Just as a slight possibility, did you work in any other state besides Ohio during the last 18 months?
                I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

                Comment


                • #9
                  Yes, every year I filed w/the IRS. I never received anything about my wages from UI. Does it even make sense that one paragraph says I'm DISALLOWED because of disquailifying separation and then the next paragraph say, 'a portion has been reversed' & it was found that the 'material & subject was found to be unjustified in my discharge."? It's almostcontradicting.

                  Comment


                  • #10
                    So, DID you work in another state during the last 18 months? Is there an appeal right on the notice relative to the monetary ineligibility?
                    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

                    Comment


                    • #11
                      Maybe your employer didn't report all of your wages or "possibly" they got allocated to the wrong social security # or something.

                      You might want to answer DAW's & Patty's questions.

                      Thanks.
                      Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

                      Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

                      Comment


                      • #12
                        I'm thinking this has to be human error at the UI department if not failure to report by the employer...I know it is hard to believe that civil servants aren't always the most diligent employees, but it happens...I've experienced this type of thing personally.
                        Not everything in America is actionable in a court of law. Please remember that attorneys are in business for profit, and they get paid regardless of whether or not you win or lose.

                        I offer my knowledge and experience at no charge, I admit that I am NOT infallible, I am wrong sometimes, hopefully another responder will correct me if that is the case with the answer above, regardless, it is your responsibility to verify any and all information provided.

                        Comment


                        • #13
                          I have to agree. If the poster has been working full time for 12 years for the same employer and is coming up as monetarily ineligible, something is wrong.
                          The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

                          Comment


                          • #14
                            Sorry Patty & DAW. I've been responding from my phone & missed a couple of questions. I've worked in OH my entire life & the industry was social services (non-profit). I really appreciate everyone's feedback. Im calling UI first thing tomorrow to figure this out. I'll try to post my findings.

                            Comment


                            • #15
                              Not all employers are covered by the UI system. One of the exceptions under federal law is "nonprofit religious, charitable, or educational organizations that are tax-exempt" IRC 3306(c)(8); IRS Reg 31.3307(c)(8)-1.
                              http://www.fourmilab.ch/ustax/www/t26-C-23-3306.html

                              I am not saying that this is certainly true for you, but there is a real chance that the employer legally failed to report wages on the quarterly SUTA reports, which in turn would legally make those wages unavailable for eligibility purposes. You might want to ask the state a focused questions related to this specific issue.
                              "Reality is that which, when you stop believing in it, doesn't go away".
                              Philip K. **** (1928-1982)

                              Comment

                              The LaborLawTalk.com forum is intended for informational use only and should not be relied upon and is not a substitute for legal advice. The information contained on LaborLawTalk.com are opinions and suggestions of members and is not a representation of the opinions of LaborLawTalk.com. LaborLawTalk.com does not warrant or vouch for the accuracy, completeness or usefulness of any postings or the qualifications of any person responding. Please consult a legal expert or seek the services of an attorney in your area for more accuracy on your specific situation.
                              Working...
                              X