Initial Unemployment Application Denied in Oregon
When a claimant has his or her initial unemployment benefits denied in Oregon, it is possibly due to any of the following:
• Did not earn enough wages to qualify monetarily.
• Attended school or training which interfered with availability for full-time work. Failure to report school or training attendance may result in denial of benefits, repayment of the overpayment, and penalties.
• Claimed weeks which were summer, winter, or spring break periods between school terms.
• Were incarcerated. Failure to report incarceration may result in denial of benefits, repayment of the overpayment, and penalties.
• Quit a job without good cause.
• Were fired from a job. A wrongful termination ruling would not disqualify a claimant from benefits.
• Were physically or mentally unable to work.
• Is not available to work.
• Is out of the labor market.
• Is self-employed.
• Received retirement pay.
• Is unemployed as a result of a labor dispute.
Unemployment Compensation Benefits Denied After Acceptance in Oregon
In addition to having OR unemployment benefits denied due to an initial disqualification, UI beneficiaries can be denied unemployment benefits even after they have already begun to receive unemployment compensation. For example, if they: did not claim unemployment insurance benefits each week; did not meet their work search requirements; missed an opportunity to work; turned down a suitable job; failed to participate in the Reemployment and Eligibility Assessment interview; turned down a referral to work; failed to complete a full iMatchSkills registration; and failed to complete enrollment activities through their local WorkSource Oregon center.
Although these issues could threaten an applicant’s eligibility for unemployment benefits, he or she still needs to make weekly claims during the investigation of the claim issues. If the petitioner is denied unemployment, he or she will receive a written administrative decision giving the dates of and reasons for the denial. If the claim is denied due to a work separation issue, because the candidate failed to apply for a job referral or refused a job, he or she may have the Oregon unemployment claim denied until work is procured, and earns at least four times the weekly benefit amount. This work must be done after the applicant was fired, suspended, quit or failed to accept or apply for work. This may also reduce his or her maximum unemployment insurance coverage amount by eight times the weekly benefit amount. If the benefits were denied due to other reasons such as school attendance, missed work opportunity, incarceration, and hospitalization, the denial lasts for the period of time stated in the administrative decision until the conditions that caused the denial no longer exist.
Unemployment Denial Appeal in Oregon
An unemployment denial appeal in Oregon is an option for the UI petitioner if they do not agree with the outcome of the administrative decision. The former employer also has the right to appeal. If the claimant appeals an administrative decision, he or she still needs to continue to file for benefits each week. If this is not done, the claimant may not be paid in those weeks, in addition to losing eligibility for EDD, even if the appeal is decided in the claimant’s favor.
Administrative decisions mailed by the Employment Department include a form the claimant can use to request an unemployment claim hearing along with instructions. The claimant has 20 days to file an appeal. If this does not happen, the administrative decision becomes final. The claimant may request a hearing by mailing or faxing this form to the Office of Administrative Hearings, or by calling the UI Center. Language interpretation and disability accommodations are provided upon request at no cost. If the unemployment denial appeal request is written, the claimant must include his or her Social Security Number of Customer Identification Number, the administrative decision number, and the mailing date of the administrative decision he or she is appealing. The claimant must also notify both the Office of Administrative Hearings and the UI Center if the address or phone number changes after they request a hearing. More information about the hearings and appeals process can be found online.