Do I have recourse regarding a denial of unemployment benefits due to information supplied by my former employer?

UPDATED: Sep 30, 2022

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Sep 30, 2022Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Do I have recourse regarding a denial of unemployment benefits due to information supplied by my former employer?

I worked for my for former employer for about 9 months. For the first the first

7 months I had one job responsibility. And no employment related issues. At the end of 7 months, I was involuntarily transferred to another area. My job

responsibilities also changed. I was doing nothing I was hired to do. A month

later I was given the option to be put on a performance improvement plan pip

or quit and receive 30 days of pay. I wanted to attempt to keep my job and

stayed on. Most statements in the PIP were false and I offered to supply HR and my manager with documentation. They did not review. I met all of the conditions within the PIP but was still released. I asked multiple times what was required to keep my position, but my manager would not provide any specifics. I have an email from my original manager stating I was a meets employee. This was what was submitted for my performance review. However, the rating was changed by my new manager to below meets. I received the pip two week after my previous manager supplied the information. Now my employer has denied any unemployment benefits. Do I have any recourse since the initial PIP was false?

Asked on February 23, 2016 under Employment Labor Law, Ohio


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Yes, you have the right to appeal the denial to the state department of labor's unemployment division or office. Someone there will review what you and the employer both say, as well as any documentation provided, and render an opinion as to whether you were terminated "for cause" or not. Only if terminated for cause should you be denied unemployment; if the unemployment division or office concludes that you were not fired for cause, they have the power to award you unemployment benefits or compensation over your employer's objections.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption