LORAIN CTY. AUD. v. UNEMP. COMP.

Nos. 2005-2359 and 2005-2375.

113 Ohio St.3d 124 (2007)

2007-Ohio-1247

LORAIN COUNTY AUDITOR ET AL., APPELLEES, v. OHIO UNEMPLOYMENT COMPENSATION REVIEW COMMISSION ET AL., APPELLEES; DIR., OHIO DEPARTMENT OF JOB & FAMILY SERVICES, APPELLANT.

Supreme Court of Ohio.

Decided April 4, 2007.


Attorney(s) appearing for the Case

Dennis P. Will, Lorain County Prosecuting Attorney, and M. Robert Flanagan, Assistant Prosecuting Attorney, for appellees, Lorain County Auditor and Lorain County Sheriff.

Marc Dann, Attorney General, Stephen P. Carney, State Solicitor, and David E. Lefton, Senior Assistant Attorney General, for appellant.

Frederick M. Gittes, urging reversal for amicus curiae Ohio Employment Lawyers Association.

Anita L. Myerson, urging reversal for amicus curiae Legal Aid Society of Cleveland.

Thomas W. Weeks, urging reversal for amici curiae Ohio State Legal Services Association, Legal Aid Society of Cleveland, National Employment Law Project, and Ohio Employment Lawyers Association.


O'CONNOR, J.

{¶ 1} In this case, we are required to determine whether an intermittent-employment contract prevents an employee's eligibility for benefits under the Unemployment Compensation Act, R.C. Chapter 4141, once the employee is not scheduled for work. We hold that satisfaction of an intermittent-employment contract does not create voluntary unemployment or a discharge sufficient...

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