Report

Strategies for Defending Against Unemployment Compensation Claims

 
Most employers are required to make monetary contributions to their state’s unemployment compensation fund. Those contribution funds, in turn, are pooled together with
other employers’ funds. That pooled fund is the source for unemployment compensation benefits paid to eligible displaced employees. The employer’s contribution rate is based on the
amount of wages (or earnings) it paid out in a given year. That contribution rate can fluctuate based on the amount of unemployment compensation benefits charged to its account. The purpose of unemployment compensation is to provide substitute funds (for a certain period of time) to eligible employees who lost their job. Generally speaking, displaced
employees will receive benefits when their employment separation is not their fault and they remain ready, willing, and able to work.

An application for unemployment compensation benefits triggers an administrative process that varies from state to state. Basically, the application will be reviewed by the
“Director” or “Administrator” and he/she will render an initial decision. Either party can request reconsideration of that decision. The dissatisfied party then can request a “live” hearing (in person or by telephone in some cases) before a hearing officer where testimony and documentary evidence will be explored. Usually, the last step in the administrative process is an appeal to a Review Board – which will either affirm or reject the hearing officer’s decision. That final administrative decision can be appealed in the appropriate state court.

Agenda

Faculty

Neal Shah

Neal Shah

Frost Brown Todd LLC

  • Member at Frost Brown Todd LLC
  • Practice area includes unemployment compensation, discrimination claims, wrongful termination claims, wage and hour class and collective actions, WARN and other employment related advice and counseling
  • Succesfully represented employers in all phases of unemployment compensation claims, including initial advice and counsel, claims before state administrative agencies, review commissions, appeals before Courts of Common Pleas and appeals before Courts of Appeals
  • Recognized by Super Lawyers Magazine as a Rising Star, 2014, 2015, and 2016
  • Member of the Ohio Bar Association, Cincinnati Bar Association, the American Bar Association, and the Asian Bar Association of Cincinnati
  • J.D. degree, Boston College Law School; B.A. degree in psychology, Emory University
  • Can be contacted at 513-651-6741 or [email protected]

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