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Unemployment Requests From Former Employees

Have you received a Request for Information or Unemployment Award Decision from the a state unemployment agency for an employee who left your employ weeks or months ago? With the dramatic rise of unemployment filings as a result of the COVID-19 pandemic, many employers are receiving unemployment decisions or requests for employment information for former employees who have not been employed by them for a great period of time. 

Under most state unemployment laws, employers can be liable for a former employee’s unemployment benefits up to a year from departure of employment. The standard principles governing an employer’s liability for unemployment benefits continue to control these former employee situations. Meaning, if the employer terminated the employee without just cause or previously laid the employee off in the last year, the employer will likely be liable for the former employee’s unemployment benefits up to a year after departure, even if the employee started new employment immediately after departure.

On the other hand, if for example your former employee resigned or quit employment to take a position with a new employer or to move away, the employer will likely be able to avoid unemployment liability by responding to the information request and providing that the employee resigned or quit on their own accord. The same conclusion also holds true if you terminated the former employee for just cause.

In all cases, regardless of the reason for departure, the former employer will receive a request for information from an unemployment commission as employees have to list all employers over the last year. Therefore, employers must complete and timely respond to these requests for information, including the details surrounding the departure. Employers should include all relevant information as well, including resignation letters/emails or handbook provisions that have been violated leading to a termination. 

If an unemployment commission ultimately holds you, as the former employer, liable for unemployment benefits, it is important that you timely appeal these decisions, including all supporting legal and factual arguments and documents. Otherwise, even as the former employer, you will remain liable for up to 100% of the unemployment benefits award to the former employee.

Bryan Meek is a member of Brennan, Manna & Diamond’s Labor & Employment team and is available to assist you with responding to requests for information and/or appealing unfavorable unemployment decisions. Bryan can be reached at 330.253.5586, or bmeek@bmdllc.com.

El Contrato Escrito: La Herramienta Predilecta

No existe mejor herramienta a una disputa contractual que un documento firmado por las partes en el cual se expongan las obligaciones y acuerdos entre éstas.

New State Budget Institutes Licensure Requirement for Ohio’s Hospitals

On July 1, 2021, Governor Mike DeWine signed Ohio’s final budget codified at Ohio Revised Code 3722.01 et seq., which includes a new licensing requirement for Ohio’s hospitals. For years, Ohio was the only state in the country that did not license its hospitals. This approach will now be replaced with new, detailed requirements that will require careful review and compliance. Here are some of the highlights concerning these new changes:

Healthcare Provisions in the Ohio FY 22-23 Budget

Governor Mike DeWine signed Ohio’s Fiscal Year 2022-2023 budget bill (HB 110) into law on July 1, 2021. At almost 1,000 pages and 74.1 billion dollars, the budget lays out the State’s spending for the next two years. Below are a few highlighted provisions from the budget that will be important for the healthcare industry in Ohio

Interim Final Rule for Surprise Billing

In an effort to implement the new bipartisan No Surprises Act, on July 1, 2021, the Department of Health and Human Services (HHS), along with the Departments of Labor and Treasury, issued an interim final rule to safeguard patients against unforeseen medical bills arising from out-of-network care.

President Biden Seeks to Limit Non-Compete Agreements

Today, President Biden announced he would issue an Executive Order that calls on the Federal Trade Commission (FTC) to adopt rules to curtail worker non-compete agreements. Interestingly, a week ago, the FTC approved changes to its Rules of Practice to modernize and expedite the way it issues Trade Regulation Rules. If you have followed our alerts, we predicted the elimination of non-competes would probably happen. In 2016, then-Vice President Biden was a vocal opponent against non-compete agreements. He led the Obama administration’s initiative seeking to limit or eliminate non-compete agreements. In his presidential campaign, Biden promised to “work with Congress to eliminate all non-compete agreements, except the very few that are absolutely necessary to protect a narrowly defined category of trade secrets . . ..”