Any time we reduce or deny your benefits, we mail you an administrative decision. %PDF-1.6 %���� Unemployment Insurance To collect unemployment benefits, you must be temporarily out of work through no fault of your own. There are reasons that your unemployment claim can be denied and that you can be disqualified from collecting unemployment. When Oregon entered a high unemployment period in July 2020, federal law allowed us to add 7 weeks to claims, for a total of up to 46 weeks of PUA. Denial of unemploy­ment benefits based on finding that library employee voluntarily left work without good cause was improper where issue was raised for first time on ap­peal. Geraths v. Employ­ment Div., 24 Or App 201, 544 P2d 1066 (1976), Evidence was sufficient to show that telephone installer engaged in miscon­duct by misrepresenting his physical ability to work for purpose of obtaining workers compensa­tion benefits. Waddles Restaurants, Inc. v. Employ­ment Div., 99 Or App 709, 784 P2d 115 (1989), Where Employ­ment Appeals Board concluded claimant was discharged for isolated instance of poor judg­ment but found claimant had been warned pre­vi­ously about her disposi­tion, conclusion does not bear ra­tional rela­tionship to findings of fact. View the Unemployment Compensation Toolkit for more information on Unemployment Compensation. 2. endstream endobj startxref Nelson v. Emerald People’s Utility District, 318 Or 99, 862 P2d 1293 (1993), To be disqualifying, “miscon­duct connected with work” must be undertaken with at least some level of voli­tion or some mental state that makes actor accountable for ac­tion or failure to act, so per se disqualifica­tion for alcohol-related ac­tion is improper. Disqualification from Unemployment: Eligibility for unemployment benefits isn't automatic. Flaucher v. Employ­ment Division, 92 Or App 396, 758 P2d 422 (1988), “Wilfulness” is ques­tion of fact, and EAB erred in understanding that all alcohol-related con­duct by alcoholic per­son is necessarily product of per­son’s alcoholism and cannot be voli­tional. Under the original laws, with few exceptions, the disqualifications took the form of a postponement of benefits. Expect your former employer to fight your appeal, though. Find Oklahoma Unemployment Appealing Denied Benefits Information The reasons for denied unemployment benefits in Oklahoma are varied and may involve an initial disqualification or may occur during the course of your collecting weekly benefits. A person who quits, is discharged, fails to timely apply for work, or fails to accept an offer for work, is not disqualified from unemployment benefits if those actions were taken due to “COVID-19 related situations.” Use the Online Claim System; Answer UI Questions; iMatchSkills Register/Login; Appeals Process; Report UI … Contact BOLI for Employer Information Required Employer Compliance Posters 10. Notes of Decisions. Div., 38 Or App 409, 590 P2d 294 (1979), Employ­ment Appeals Board review of determina­tion is de novoand claimant/peti­tioner had burden of proof. The authorized representative may address issues raised by information before the authorized representative, including but not limited to the nature of the separation, notwithstanding the way the parties characterize those issues. Bowman v. Employ­ment Division, 71 Or App 16, 691 P2d 148 (1984), Sup Ct review denied, Employ­ment Appeals Board’s failure to address, in its findings of fact, peti­tioner’s conten­tion that he left work because of wife’s health problems rendered its order that peti­tioner “voluntarily left work without good cause” insufficient. Oregon’s unemployment rate rose in December. The reasons for denied unemployment benefits in Oregon are varied and may involve an initial disqualification or may occur during the course of your collecting weekly benefits. Stromberg v. Employ­ment Div., 25 Or App 455, 549 P2d 686 (1976), Employee was not discharged for miscon­duct where failure to return to work after injury was based on physician’s advice, even though films showed employee engaged in ac­tivity inconsistent with claimed disability. Bibolet v. Employ­ment Dept., 288 Or App 489, 407 P3d 831 (2017), Although requested by her supervisor to leave her posi­tion early, claimant voluntarily left work without good cause when she voluntarily agreed to leave her posi­tion before her term of employ­ment expired, despite having op­tion of continuing to work until end of her original term. (a) “Adulterant” means a substance that does not occur naturally in urine, or that occurs naturally in urine but not at the concentrations detected. Kate Brown issued an order, which requires some businesses to close. Family Assessment Protocol Vargas v. Employ­ment Div., 22 Or App 18, 537 P2d 569 (1975), Evidence was sufficient to show that claimant had refused suitable employ­ment, notwithstanding that claimant would have been re­quired to hire babysitter to care for children had she accepted the posi­tion. Menu Oregon.gov Home Currently selected; Job Seekers; Unemployment; Businesses; Agency Information; Modernization; Paid Family and Medical Leave Insurance ; Forms; Videos Job Seekers. Sun Veneer v. Employ­ment Div., 105 Or App 198, 804 P2d 1174 (1991), Where drug test could not es­tab­lish time of inges­tion and employer could not prove claimant was under influence of or impaired by drugs while on job, claimant was eligible for benefits. Fred Meyer v. Employ­ment Div., 103 Or App 404, 797 P2d 1066 (1990), Employee’s viola­tion of last-chance agree­ment prohibiting employee’s future drug use as condi­tion of employ­ment was itself insufficient for employee’s off-duty drug use to constitute miscon­duct connected with work. Scevers v. Employ­ment Div., 26 Or App 659, 554 P2d 575 (1976), Where claimant waitress’s three week departure to attend ailing mother was “authorized” by restaurant hostess who had, during owner’s absence on other occasion, authorized extended leave for similar purpose, EAB’s determina­tions that claimant (1) left work without authoriza­tion and (2) was not adequately supported by evidence. Ryan v. Employ­ment Div., 87 Or App 471, 742 P2d 707 (1987), The claimant’s wrongful off-duty activities resulting in discharge were held not “miscon­duct connected with work” where the ac­tivity for which the claimant was discharged occurred off the working premises and outside the course and scope of employ­ment and the employer failed to introduce evidence of a breach of an employer’s rule. NOTE: For information about the Coronavirus (COVID-19) and Unemployment Compensation read this article. The good news is that you can appeal a denial, but you'll need to be completely honest. Lectro Lift, Inc. v. Morgan, 14 Or App 316, 513 P2d 526 (1973), Mere act of incorporating as professional corpora­tion does not, by itself, create employer-employee rela­tionship for purposes of this chapter. 137 0 obj <>stream �T�&? Barnes v. Employ­ment Dept., 171 Or App 342, 15 P3d 599 (2000), Reasoning of Employ­ment Appeals Board did not support conclusion that claimant left work without good cause where employer re­quired claimant to sign contract containing noncompeti­tion clause in order to continue employ­ment and claimant refused to sign contract and, as a result, left work. By. Erne v. Employ­ment Division, 109 Or App 629, 820 P2d 875 (1991), Claimant was not justified in refusing to accept reemploy­ment because his wages were reduced to a lower rate, based upon his new permanent duties. Wigant v. Employ­ment Division, 30 Or App 207, 566 P2d 1202 (1977), Evidence was sufficient to show that welder who refused to work on particular machine, alleging inadequate ventila­tion and need for respirators, was discharged from employ­ment for miscon­duct connected with work. (b) “Drug” means a controlled substance as defined in ORS 475.005 (Definitions for ORS 475.005 to 475.285 and 475.752 to 475.980). Sun Veneer v. Employ­ment Div., 105 Or App 198, 804 P2d 1174 (1991), Where, because of claimant’s erratic behavior and history of stress-related absences, employer ordered claimant to have psychological examina­tion, claimant’s refusal to participate in examina­tion by psychologist selected by employer was miscon­duct connected with work. Frank v. Employ­ment Div., 57 Or App 646, 646 P2d 70 (1982) Miranda v. Employ­ment Division, 71 Or App 462, 692 P2d 697 (1984), Employer could prove claimant was terminated for miscon­duct using almost exclusively docu­mentary and hearsay evidence notwithstanding that claimant presented direct evidence; referee must assess all evidence, both hearsay and non-hearsay and then clearly state which evidence is found to be persuasive and credible. (12) An individual may not be disqualified from receiving benefits under subsection (2)(c), (d) or (e) of this section or be considered unavailable for purposes of ORS 657.155 (Benefit eligibility conditions) if: (a) The individual or a member of the individual’s immediate family is a victim of domestic violence, stalking, sexual assault or intimidation, or the individual believes that the individual or a member of the individual’s immediate family could become a victim of domestic violence, stalking, sexual assault or intimidation; and. Bunnell v. Employ­ment Division, 304 Or 11, 741 P2d 887 (1987), Determina­tion of miscon­duct demands finding of willfulness or recurring negligence. Should an applicant be denied unemployment benefits in DE, he or she has recourse to file an unemployment denial appeal with the […] Senate Bill 35 is a measure introduced in the 2011 session of the Oregon Legislature. his weekly benefit amount in. Babcock v. Employ­ment Div., 25 Or App 661, 550 P2d 1233 (1976), Where Employ­ment Appeals Board has received ex partecommunica­tion, board failed to comply with ORS 183.462 (Agency statement of ex parte communications) require­ment that opposing party be notified and have opportunity to rebut, and court remanded to EAB. Know more about the unemployment insurance policy in the state of Oregon and all the important information you need to … for non-profit, educational, and government users. However, if you're denied those benefits, you won't have that relief. Douglas County v. Employ­ment Div., 99 Or App 625, 783 P2d 1019 (1989), Alternatives to leaving work are considered as part of determina­tion of whether claimant left work without good cause under this sec­tion not suitability of work under ORS 657.190 (Suitable work). Teledyne Wah Chang Albany v. Employ­ment Div., 302 Or 186, 728 P2d 26 (1986), Plaintiff had good cause to leave employ­ment when employer refused to make proper tax deduc­tions from plaintiff’s paychecks. Report New Hires to Department of Justice, Division of Child Support 9. By continuing to use this site you consent to the use of cookies on your device as described in our cookie policy unless you have disabled them. Bierly v. Employ­ment Div., 44 Or App 629, 606 P2d 691 (1980), Where mentally handicapped employee was subjected on job to ridicule and other upsetting com­ments and had sought assistance of counseling service in handling situa­tion, to no avail, facts did not support conclusion that sub­se­quent leaving of employ­ment was without good cause. Oullette v. Employ­ment Division, 34 Or App 591, 579 P2d 301 (1978), Ordinarily, single instance of miscon­duct is insufficient evidence to show that claimant’s ac­tions were wilful, conscious, and in deroga­tion of interests of employer. In addition, we provide special support Author: Rena Pirsos, XpertHR Legal Editor A recent amendment to Illinois law and an Illinois Supreme Court ruling have clarified the meaning of "misconduct" that disqualifies a former employee from collecting unemployment insurance (UI) benefits. custodial or penal the employee earns at least. Giese v. Employ­ment Div., 27 Or App 929, 557 P2d 1354 (1976), Sup Ct review denied, The phrase “connected with his work” was added to draw a distinc­tion between miscon­duct while off-duty and miscon­duct in the course and scope of employ­ment. Brother v. Morgan, 17 Or App 435, 522 P2d 1210 (1974); McCain v. Employ­ment Div., 17 Or App 442, 522 P2d 1208 (1974), Employer has the burden of proving miscon­duct. Georgia-Pacific Corp. v. Employ­ment Div., 21 Or App 135, 533 P2d 829 (1975), Claimant was discharged for miscon­duct connected with work, where on two separate occasions within period of less than 2 months claimant threatened fellow employees on employer’s premises during work hours in viola­tion of written rule. TOLL FREE: (800) 982-8920 %%EOF Obtain Immigration & Naturalization I-9 Forms for Each Employee 8. Division 1, Unemployment and Disability Compensation; Part 1, Unemployment Compensation; Chapter 5, Unemployment Compensation Benefits; Article 1, Eligibility and Disqualifications; Section 1253. • Attended school or training which interfered with availability for full-time work. Expect a massive spike in the coming weeks. Obtain Immigration & Naturalization I-9 Forms for Each Employee 8. Goodwin v. Employ­ment Division, 35 Or App 299, 581 P2d 115 (1978), Where city employee left work voluntarily because of “sexist” behavior of male coworkers, case was remanded to Employ­ment Division for develop­ment of criteria for “good cause” under this sec­tion. (7) For purposes of applying subsection (2) of this section, when an employer has notified an individual that the individual will be discharged on a specific date and it is determined that: (a) The discharge would not be for reasons that constitute misconduct connected with the work; (b) The individual voluntarily left work without good cause prior to the date of the impending discharge; and. (c) The felony or theft has resulted in a conviction by a court of competent jurisdiction. Douglas County v. Employ­ment Div., 99 Or App 625, 783 P2d 1019 (1989), In view of finding by Employ­ment Appeals Board found that claimant left her work sta­tion without telling anyone and changed into her street clothes, conclusion that claimant did not voluntarily quit work was not adequately explained. TOLL FREE: (877) 345-3484 Weekly Claim Line Numbers: Portland Area: (503) 224-0405. [Related: Here’s an Oregon-specific Q&A on unemployment benefits. (11) An individual may not be disqualified from receiving benefits under subsection (2)(c) of this section and shall be deemed laid off if the individual: (a) Works under a collective bargaining agreement; (b) Elects to be laid off when the employer has decided to lay off employees; and. • Failing to complete enrollment activities through your local WorkSource Oregon center • Being unemployed as a result of a labor dispute, or • Filing for weekly benefits during the summer, winter, or spring break periods or between terms when you’re an instructional or … Unemployment Insurance Contact Centers: Portland Area: (503) 292-2057. Grigsby v. Employ­ment Div., 24 Or App 499, 546 P2d 788 (1976), The claimant’s minimal income and deteriorating financial situa­tion constituted good cause for leaving work. Waide v. Employ­ment Div., 38 Or App 121, 589 P2d 1138 (1979), Where there was evidence parties had agreed claimant would leave work on certain date if she were covered by company insurance for dental appoint­ment on sub­se­quent date and claimant was later told she was in fact covered, Board properly concluded claimant voluntarily left work; denial of unemploy­ment benefits affirmed. institution. Sothras v. Employ­ment Div. to work and earns at least. New Hampshire. Oregon’s jobless rate was at an all-time low, 3.3%, before the coronavirus outbreak. 6. Unemployment Guides. May Trucking Co. v. Employ­ment Dept., 251 Or App 555, 284 P3d 553 (2012), Determining employer of musicians’ group, (1972) Vol 35, p 1306, Join thousands of people who receive monthly site Div., 19 Or App 479, 528 P2d 105 (1974), Under the circumstances, fighting while on employer’s premises was not “miscon­duct” under paragraph (2)(a). Employers pay all costs of the Unemployment Insurance program and […] (2) An individual shall be disqualified from the receipt of benefits until the individual has performed service in employment subject to this chapter or the equivalent law of another state or Canada or as defined in ORS 657.030 (Employment generally) (2) or as an employee of the federal government, for which remuneration is received that equals or exceeds four times the individual’s weekly benefit amount subsequent to the week in which the act causing the disqualification occurred, if the authorized representative designated by the director finds that the individual: (a) Has been discharged for misconduct connected with work; (b) Has been suspended from work for misconduct connected with work; (c) Voluntarily left work without good cause; (d) Failed without good cause to apply for available suitable work when referred by the employment office or the director; (e) Failed without good cause to accept suitable work when offered; (f) Has been discharged or suspended for being absent or tardy in reporting to work and the absence or tardiness occurred as a result of the unlawful use of any drug unless the person was participating in a recognized drug rehabilitation program at the time of the absence or tardiness, or is so participating within 10 days after the date of the discharge or suspension, and the person provides to the Employment Department documentation of program participation. You can find this number on any prior documentation we have sent you. UnemploymentPUA.com is the leading website for info and assistance on getting Unemployment Insurance Benefits and PUA. N.W. This high unemployment period ended Dec. 12, 2020, and federal law required us to reduce all PUA claims back to 39 weeks. This is after a claimant has exhausted both their regular Unemployment Insurance (UI) benefits of 20 weeks and Pandemic Emergency Unemployment Compensation (PEUC) benefits of 13 weeks. Tolonen v. Employ­ment Div., 25 Or App 575, 549 P2d 1294 (1976), Off-duty drug use that does not result in actual or likely on-job impair­ment is not “miscon­duct connected with work.” Glide Lumber Prod. The EB program expired December 12, 2020. Incarceration in a Week of discharge and until. Pua is denied. Silverton Forest Prod. (d) The department shall adopt rules to carry out the provisions of this subsection. Hunt v. Employ­ment Dept., 139 Or App 440, 912 P2d 425 (1996), Where claimant employee was sole stockholder in employer corpora­tion, dissolu­tion of corpora­tion was agree­ment to mutually acceptable termina­tion date and therefore voluntary leaving of work. Ponder v. Employ­ment Dept., 171 Or App 435, 15 P3d 602 (2000), Where victim of domestic violence gave notice prior to leaving employ­ment, whether victim believed reasonable alternatives to leaving employ­ment existed was determined as of date employ­ment ended, not date victim gave notice. Remaining 20 weeks of unemployment Insurance Any time we reduce or deny your benefits, ’! By a verified Employment Lawyer that relief 1982 ) 6 find Oregon unemployment claims get held up vary considerably on... And comply with the requirements of a last chance agreement with the state Line:. Part, you wo n't have that relief up vary considerably based individual. 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