Oregon Unemployment Appeals Process

Offering unemployment compensation to eligible jobless workers is the legal responsibility of every state in the U.S. As most of you should be aware, a monetary compensation is offered to claimants on a weekly basis in response to their claim filed in advance. The extent of compensation weeks is determined on the basis of the initial claim filed followed by an interview.

Not every unemployed worker De facto, is eligible for unemployment compensation. The application has to pass through various checks to determine the qualification and the compensation amount. The most basic requirement for UI is that the claimant should be unemployed due to involuntary reasons such as lay offs, company shutdown etc. Whatever the reason may be, there are times when the claim is denied on various grounds. Let’s take you through the various facets surrounding unemployment denial and how you can tackle it in your favor.

Unemployment Compensation Denial

On the basis of the information provided in the claim and subsequent determination, your claim for unemployment compensation may be rejected or reduced at a later stage, owing to various background processes. Just like any other state in the country, Oregon maintains a well laid out procedure to manage unemployment claims. During the course of processing the claim, if one or more conditions are not met, the department will mail an “administrative decision”, communicating the denial.

The letter contains details on why the claim was denied. Based upon the reasons provided in the letter, you as a claimant can decide to appeal the administrative decision on the basis of merits. Remember, this is your right and the same quantum of rights is provided to your employer to appeal allowance of benefits.

Common Reasons for Denial

As stated earlier, any findings which lean towards the separation from the job as involuntary, it would mostly result in unemployment compensation denial. Let’s sweep through some of the most commonly reasons for denial. 

Job resignation

If you decided to resign from the job in order to seek better opportunities or any other such reason, your claim will be rejected. Quitting voluntarily is not an acceptable reason and therefore, it does not make sense to file a claim at all.

Fired for misconduct/performance

If you lose the job due to any of the reasons provided in the heading, you will be denied unemployment compensation. Even behavioral issues can go against you when you file. Therefore, under the law, if the employer takes you off the rolls due to reasons which hampers productivity or affects the performance of co-workers, it is not acceptable. It also includes insubordination or refusing to do a task. 

Not meeting the monetary requirements

Just like all other states, you should have earned the required income during the base period (last 12 calendar quarters) to be eligible. If you do not primarily satisfy this condition, it may be an outright reject.

Therefore, if the reasons stated in the administrative decision comes close to any of the above, you may not want to appeal since you will not see any changes to the decision made by the department.

Appealing an unemployment denial in Oregon

If you’re not happy with the decision, you must not wait any further to file an appeal. The initial administrative decision becomes final 20 days after it is mailed to the claimant. Therefore, if you do not file an appeal during this period, you cannot do so after expiry of the term. During the process of appeal, you must continue to file for weekly benefits since claims will be settled during or after the appeals process retrospectively.

  • The mail sent by the Employment Department (administrative decision) contains a form in to be used to request for a hearing (appeal).
  • Fill the appropriate sections of the form and mail/fax it to the address provided.
  • Wait for the officials to get back to you further on the details of the hearing including the date.

A typical appeals process would be conducted over the phone, represented by an ALJ (Administrative Law Judge) and would also involve other parties like the employer (if required). During the process, the claimant and other parties would be given sufficient time to present their case, supporting their stance. If you’re a claimant, be sure to take an affirmative approach and present the facts and references to evidence supplied beforehand.  

Points to remember

  • As stated earlier, continue to file weekly claims and fulfill other responsibilities such as providing weekly search reports even if the appeal is pending.
  • Mail/fax all supporting paperwork/evidence in advance so that the ALJ has the required paperwork to refer to, during the hearing.
  • Most importantly, be prepared. It’s akin to a court proceeding and therefore, it paramount for you to be ready with facts.
Contact Details

Office of Administrative Hearings (8:00 AM – 5:00 PM)

P.O. Box 14020

Salem, OR 97309

Phone: (503) 947-1515

Fax: (503) 947-1531

Website: oregon.gov/OAH

 

18 thoughts on “Oregon Unemployment Appeals Process”

  1. My initial Benefits claim was denied but an appeal judge overturned the decision. It’s now been two weeks since the hearing and I have not received anything other than the hearing decision. I have been unable to find any information online regarding timelines for after successful hearings and according to my online account, the initial denial is still in place. Please advise.

    1. Brenda,

      I suggest you chase the adjudicator via phone or in person about the status. It’s very important for you to follow up through the right channels until the payments normalize.

  2. My name is Larry Cisco I have been off work since March 21st . I have been trying to get a hold of your offices everyday. I have emailed called over and over and get no response or get Thur on phone. I filed for a hearing on my case . Just trying to get answer. Been off work with no income. I also started back to work at my job at Cartwrights Meats on 5-28 . Been filing my weekly claims. I’m lost on what to do. I hope I can get a response from someone. Please

    1. Larry,

      Please note this is a private forum.

      I can understand your situation. Please wait for an update from the office. There will be thousands of applications for the office to be processed. Make sure to check the status at regular intervals.

      1. Hi I feel the guys above frustration and at the same time realize everyones working as hard as they can to catch up the back log and figure out how to implament issues that haven’t come up before. That being said I’m the payee for our adult son who receives SSA/SSI benefits. Due to his disability he can’t work more then 10-14 hours week. He has been employed with the company for 4 yrs and hasn’t missed a day of work unless he’s ill which isn’t often. For 2 days I dialed unemployment for 8 hours and when I did talk to someone they told me their computers shut down after 7pm and Id have to call back in. That was day 2 of calling in for 8 hrs. I was finely told that due to my son putting he can’t work part-time or full time is why he was denied. I explained he’s on SSA/SSI and CAN NOT work more then 10-14 hrs a week. I was then told his account hasn’t been assigned to anyone, but that a judge would have to look at the case and to just keep filing. It shows on unemployment he has funds available, but again his inability to work full time or part time is the issue. I can produce a SS acceptance letter. If, my son is unable to collect
        unemployment that his employer pays into then my sons employer shouldn’t have to pay unemployment Insurance on someone with a disability and should be refunded the money they have paid in on my son! Im not sure what else to do. Thank you for your time.

        1. Kymberlee,

          I can understand your situation. Please consider filing an ‘appeal’ and be patient since there’ll be thousands of applications to be processed.

          Best Wishes!

        2. Look You guys I need feedback these people don’t have me signed up for the EDD for about 6 months now and then they gave me even till March 2020 to next year March 5th 2022 excuse me next year and then I’m doing week lease and they are messed up on one thing and said work I made $600 but I made a mistake so I’m on the county welfare and I got proof of that but they keep telling me to restart my claim and I keep going into push me all the way to 6 months so this time I said no I can’t do that initial claim like that Muhammad get to my benefits that I got toys and they not giving it to me cuz I’m from California

  3. I’ve been trying to get a hold of someone via phone email and fax. I haven’t received any response to an appeal! I’ve been off work since March. Please respond!!

    1. Alisi,

      I can understand your situation. Unfortunately, the office may be short-staffed or overworked. Please continue chasing your adjudicator at regular intervals.

      1. Jacob, Well that’s the problem from the start who is my sons Adjudicator???? Im more then understanding for the stress and overworked worker, but its been almost 12 weeks and my son still hasn’t been assigned a adjudicator??!! 12 weeks is more than fair to wait for the process. My next email goes out to our wonderful law makers in Oregon. There has to be a claus for the Disabled worker that can’t work the required hours set by Unemployment. People with disabilities are always left behind because most of them don’t have someone to go to bat for them. All be damned if that’s going to happen. My sons Employer pays for my sons benefits for unemployment and as a small business owner if he’s not going to get paid unemployment or receive a letter of communication other then weekly your decided then his employer should be paid back the funds they have paid for my son. This is wrong in so many ways!!

    1. Co Van Phan,

      Please note this is a private forum and we do not have access to your claim file. Please reach out the Unemployment Office.

  4. I was ordered by a judge to attend drug and alcohol rehab. I notified my employer and they asked me to finish out my schedule and issued me a final check. I was denied unemployment benefits. the paper work say I was fired because I could not make it work. If i was fired for having to go to a rehab facility should I be eligible for benefits?

  5. Hi! I wanted to ask if your state may need any help from staffing agencies.

    We’ve been engaged by several IU programs to support work streams including:

    • Call center representatives to handle high volume remote support with claims filing and status
    • Claims Processing
    • Legal staffing support for claims adjudication
    • Audit & Reconciliation Support
    • Hearing Officers Support
    • Fact finding/investigations for job refusals and more

    Thank you!
    Lili

  6. Yes my claim keeps getting denied and I don’t know why I pain my over payment and back started a new claim, restated my claim. Still nothing Ive tried contacting unemployment about this can not get through. What do I do?

    1. Holley,

      Please consider the option of visiting an office in the vicinity if considered safe. Perhaps, the best way to get some communication.

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