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An employer is considered “seasonal” when ODJFS determines that the operations and business are substantially all in a seasonal industry. Seasonal employment, for this purpose, does not include businesses open year round that offer temporary employment during certain seasons, such as department stores. To be considered able to work, the claimant must be physically able to accept and perform work of a suitable nature. If a person is ill and unable to work during one or more days of the normal work week, he or she will be considered unable to work and ineligible to receive benefits for that week. A worker who is no longer able to perform his or her regular work can become eligible for benefits if medical evidence can be furnished that will establish the person’s ability to do other types of work performed in the area where he or she is seeking employment. If the claimant does not return to work at the end of a disciplinary layoff and continues to claim benefits, the department must examine again the reason why the person continues to be unemployed, to determine whether it was caused by a quit, discharge, layoff, lack of work or other reason. The requalifying employment need not be continuous and it may be accumulated over a period of time with more than one employer.

To obtain this status, they must establish that they have been held exempt from income tax under Section 501 of the Internal Revenue Code. An employer may appeal any determination of liability or tax rate by filing a written request for reconsideration with ODJFS within 30 days after the date such determination was issued.

When this type of separation occurs, the employer must establish that the reason for the layoff amounted to misconduct and that it was connected with the job. The claimant’s assigned dependency class appears on the front of the determination, and the above explanations are included in the “Allowed Application Definitions” on the back of the determination. Qualified dependents can increase a weekly benefit amount as law provides. The department will verify that the claimant does not have a current application on file that could be reopened. To register your account as reimbursing or to convert your account to/from reimbursing, please visit eric.ohio.gov. Contribution rates are calculated as of the first of July of each year and go into effect for the contribution period beginning on the first of January of the next year. Contribution rates are assigned to employers for each calendar year.

Fill out securely sign print or email your ohio dissolution sample form instantly with SignNow. In Ohio, employers are required to submit their Quarterly Tax Return electronically. For employers approved by the Office of Unemployment Insurance Operations to submit reports by paper, please use the Ohio Unemployment Quarterly Tax Return (JFS-20125).

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The director may discontinue the use of the common rate if the group or one of its members fails or neglects to comply with Ohio law and department rules. Any contribution, payment in lieu of contribution, interest, forfeiture, or fine due from an employer shall, if not paid when due, bear interest at the annual rate of 14 percent compounded monthly on the aggregate receivable balance due. In computing interest, any fraction of a month shall be considered a full month. Internet Filing Employers with fewer than 200 employees who have access to personal computers should report online using eric.ohio.gov or the Ohio Business Gateway at business.ohio.gov.

Payroll and employment records must be made available for audit at the employer’s place of business during regular daytime business hours. When a business, or any part of a business, is discontinued the employer must advise the director of the location of the records. Qualifying weeks and wages earned with base period educational and non-educational employers may be combined to determine if the applicant has a total of 20 or more qualifying weeks of base period employment necessary to meet the requirements for an allowed application.

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In addition to benefit determinations, the UCRC also hears appeals with respect to employer liability under the law, contribution rates, refunds, seasonal employment net sales classification, labor disputes and benefit charges. “Interested party” as defined by law means that claimant and any employer to whom notices must be sent.

When writing to the department, the employer should give the reason for such action and specify the total to which exception is taken. The decision to elect reimbursing status is one that must be made by the organization. As a contributory employer, benefit costs are limited to the highest rate provided in the law. Thus, if the organization’s employee turnover rate is high or is seasonal in nature, benefit costs could be very high and the limited liability afforded by being a contributory employer would be the better course of action. On the other hand, if the organization has little turnover of employees and is not likely to incur much in the way of benefit costs, then the reimbursing status would seem more desirable.

After three occurrences in a calendar year the employer may be penalized. The employer may appeal any of the determinations within 21 days of the mail date indicated on the notice.

If the employer believes the rate was not calculated in accordance with the facts and the provisions of the law, the employer has 30 days from the date of mailing the rate notice in which to file a request for reconsideration. Payments by a contributory employer into the Unemployment Insurance Trust Fund, as required by law, are called contributions.

Each year, employers are selected at random and audited to verify whether they are in compliance with Ohio unemployment insurance laws. Employers may also be audited where it has been reported that they are not in compliance with such laws. Employers must cooperate with these audit requests and provide all requested information. Wages paid to non-covered employees are not subject to the payment of contribution, nor can they be used in establishing a claimant’s eligibility or in the computation of benefit amounts. Employers who employ individuals whose services are excluded from covered employment may, under certain conditions, elect to cover those services.

There is no minimum weekly earning requirement for the individual qualifying weeks; however, the base period average weekly wage must equal or exceed 27-½ percent of the statewide average weekly wage1. Thus, individuals with low wages in some weeks can qualify when higher wages in other weeks result in the required average weekly wage. A claimant is considered unemployed when he or she earns no wages or earns less than the weekly benefit amount in the week that the application was filed. A claimant also is considered unemployed if, before filing the application, he or she was separated permanently, indefinitely, or for a definite period of not less than seven days. If the claimant is unemployed, the application can be allowed and benefit rights determined even if later in the week the claimant returns to work and earns wages equal to or in excess of the weekly benefit amount. When this happens, the week would be disallowed but benefit rights will have been established and will be available throughout the benefit year, in the event of another layoff.

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Two penalties are imposed when dishonesty is the reason for separation from employment. When the reason for separation from the most recent employment on a new application for benefits is due to dishonesty in connection with the work, the application will be disallowed. If the reason for separation on an additional claim is due to dishonesty in connection with the work, benefit rights are suspended for the duration of the unemployment caused by the separation (see explanation of “Duration of Suspension” on page 29). The reasonableness of the claimant’s action under the circumstances plays an important part in this determination. Generally, in cases where the claimant has voluntarily terminated his or her employment, the claimant must show just cause for leaving. When filing an initial application, information is collected regarding a claimant’s dependents.

The employer calculates the contribution amount by multiplying the total taxable payroll by the contribution rate, thus arriving at the contribution payment due for the three-month period. The forfeiture for failing to file a quarterly wage detail report containing the wage information when due is twenty-five hundredths of one percent (0.25 percent) of the total wages reported by the employer, provided that the forfeiture shall not be less than $50 nor more than $1,000. With respect jfs20110 to individuals performing both covered and non-covered employment for the same employer, if one-half or more of the services performed by an employee in a pay period is in covered employment, all the service performed by the employee in the pay period shall be deemed in covered employment. If more than one-half of the employee’s services in a pay period is non-covered employment, then all the services in the pay period shall be considered as being in non-covered employment.

• The gross amount of such payment is deductible from unemployment benefits.
• Under a SharedWork Ohio plan, eligible employers reduce affected employees’ weekly hours between 10 and 50 percent.
• The employer’s account will show the account balance from the previous year’s computation date.
• The UCRC has the authority to appoint hearing officers to conduct hearings on appeals and to render decisions on these appeals.
• If determined eligible, the claimant may receive benefits until benefit rights are exhausted or until the benefit year comes to an end.

When an application is filed, claimants are asked if they would like federal taxes withheld from their benefits at the rate of 10 percent. For tax-filing purposes, ODJFS will send a 1099 form by income statement January 31 of the year after benefits were paid. If the break in reporting was due to a period of reemployment, any employer the claimant worked for since the previous filing must be provided.

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An appeal to the commission from a redetermination in any benefit case must be made in writing within 21 days of the mailing date of the redetermination. The appeal must state that a review of the redetermination is desired and give the reason. Appeals may be filed with the commission; with the department, with an employment office in another state, the District of Columbia, Puerto Rico, the Virgin Islands; or with an employee of the unemployment insurance commission of Canada. If the appeal is timely and is accepted by the commission as an appeal, the case will be assigned to a hearing officer for hearing. When benefits are paid on an additional claim, charges are made against the account of base period employers and not against the accounts of employers for whom the claimant worked after the application had been allowed and the benefit year established. These employers could become liable for charges in a succeeding base period and benefit year. If not paid when due, such billings will bear interest at the annual rate of 14 percent compounded monthly.

The form will be used to collect employee wage information that will be used for income and eligibility verification for unemployment insurance and other state and federal entitlement programs. The report must be filed no later than the last day of the first month following the close of the calendar quarter for which the report is being filed. No later than the first of December of each calendar year, employers liable under Ohio law will receive a notification of the contribution rate they will be required to pay throughout the ensuing calendar year. This notice will set forth all the factors upon which the rate of each individual employer was computed.

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A company may designate separate administrators for each system, or the same individual may be designated for both. In order to dissolve a corporation all business tax accounts must be current on all filings and payments and closed. Please see below for the forms required by the business tax divisions. Depending on local municipalities, the total tax rate can be as high as 8%. The Ohio Department of Taxation is dedicated to providing quality and responsive service to you, our individual and business taxpayers, our state and local governments, and the tax practitioners in Ohio. Our goal is to help make your every experience with our team and Ohio’s tax system a success.” Jeff McClain. Tax Commissioner.

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Pay for unused vacation entitlement that is paid immediately following termination of the employeremployee relationship is also deductible from unemployment benefits. When the applicant has 20 or more qualifying weeks of base period employment with a non-educational employer , the department will compute the weekly amount of benefits payable based solely on the non-educational employment. That amount of benefits may be paid to the applicant between terms, vacation periods and holiday recesses when benefits based on the combined educational and noneducational employment are not payable.

ODJFS has the authority to extend the registration period when good cause is established. If the claimant does not meet these special provisions, the suspension will be imposed.

Author: David Paschall