What to Do If Your Oregon Unemployment Claim is Denied
Have you recently applied for unemployment benefits ("unemployment insurance") in Oregon but got a letter saying your claim was denied? If so, you might feel frustrated and worried about what to do next. The good news is that you have options. You have the right to appeal this decision if you disagree with it.
This article will help you understand why the Oregon Employment Department denied your claim and how to fight the denial by filing an appeal.
To learn more about applying for unemployment benefits, visit this page.
Understand why your claim was denied
First, look for the letter or notice from the Oregon Employment Department stating that they denied your claim. This notice may be in your Frances Online account or your mail. The Oregon Employment Department must explain why they denied your claim in this notice. You can see a sample denial notice in the image below.
Some common reasons the Employment Department might deny your claim include:
- Quitting your job without a good reason
- Being fired for misconduct
- Not being able or available to work when you claim benefits
- Not actively looking for new work when you claim benefits
You can file an appeal if you disagree with or don't understand why your unemployment claim was denied.
Fight the denial by filing an appeal
If you disagree with the Oregon Employment Department's decision, you can fight this decision by filing an appeal. During the appeals process, you'll have a hearing with a judge to review the decision. The judge can reverse the denial decision if you prove you qualify for unemployment benefits.
If you want to appeal, you must act quickly! You have only 20 days from the date on the denial notice to tell the Oregon Employment Department you want to appeal (unless you can show a good reason for appealing late).
How to file an appeal
You can appeal in a few ways:
- Online: Use your Frances Online account. If you have trouble logging in, you can submit your appeal using the "Message the Oregon Employment Department" form.
- Phone: Call 503-947-3149 and leave a message.
- Mail or fax: Print and fill out the "Unemployment Insurance Benefits Request for Hearing" form and fax it to 503-947-1335 or mail it to Unemployment Insurance Hearings, P.O. Box 14135, Salem, OR 97309.
Make sure you include these details in your appeal:
- Your Social Security Number or Customer ID
- The letter I.D. number from your overpayment letter
- The decision date, usually found in your letter
- A short explanation of why you're appealing
- Dates and times you're not available for a hearing
Summary
Dealing with a denied unemployment claim can be challenging. Still, by understanding the reasons behind the denial, appealing quickly, and properly preparing for your appeal hearing, you can increase your chances of getting a decision in your favor. Remember, you're not alone. Resources are out there to help you through this process.
Other Frequently Asked Questions
Don't give up! If you missed the 20-day deadline to appeal but had a good reason for being late, turn in your appeal anyway. Do it as soon as possible.
If you turn in your appeal late, you'll need to go through some extra steps, but there's a good chance you will still be able to appeal.
After turning in a late appeal, you'll get a notice from the Oregon Employment Department saying they've dismissed your claim. This notice may be called "Dismissal with Right to Renew Appeal." It may look something like this:
Read this notice carefully. It will tell you how to reinstate your case if you had a good reason for missing the appeal deadline. Make sure you follow all the instructions and complete any extra paperwork sent to you.
Your appeal hearing (also called an "administrative hearing") will be less formal than the traditional courtroom trial you've seen on T.V. It will be by phone, not in a courtroom.
Here's what you can expect at your appeal hearing:
- You will present your case to an administrative law judge, not a jury.
- Your hearing will usually be one hour or less.
- At your hearing, you can testify, call witnesses to testify for you, and present other evidence to convince the judge you should have gotten unemployment.
- Your employer may participate in your hearing if you were fired or quit.
- If there's an issue about whether you were able, available, or actively seeking work, a representative from the Oregon Employment Department may participate in the hearing.
You may have to wait several weeks to more than a year for your unemployment hearing.
While waiting for your hearing, keep filing unemployment claims for each week you remain unemployed.
Here are some steps you should take:
- Understand what you need to prove at your hearing. Read your unemployment denial notice. This notice will explain why the Employment Department denied your claim. One way to win your appeal is by proving these reasons aren't true.
- Understand the laws that apply to your case. Your unemployment denial notice will also explain the rules and statutes (the written laws) the Employment Department must follow. You can find the laws online by doing a Google search. Read through the laws to understand your rights. Understanding the rules that apply to your situation is essential because you can win your appeal by proving the Employment Department didn't follow the rules.
- Gather evidence to prove your case. Gather documents, letters, emails, employment records, text messages, photos, and other records to back up what you're trying to prove.
- Talk to witnesses. Talk to people involved in your case, like co-workers, family, or friends. Ask them if they would be willing to testify during your hearing. If they can't attend, they can write a letter with information about what they witnessed.
- Prepare your testimony. You will also be a witness in your case. You can talk to the judge and explain what happened in your case. Take some time to make notes about everything you want to tell the judge.
- Turn in your evidence. You'll need to get your proof (any documents you want the judge to consider) to the judge and the other side at least a few days before your hearing. Read your hearing notice for details on how to turn in your evidence.
- Go to your hearing. Make sure you don't miss your hearing because you'll lose your appeal if you do. Your hearing will usually be by phone. If you can't make the date scheduled for your hearing, call the number on your hearing notice to see if you can reschedule.
For more help preparing for your hearing, refer to this article on preparing for an administrative hearing.
Many people handle unemployment appeals on their own without an attorney. The unemployment appeal process is less formal than a traditional court case.
But if you need help along the way, contact a lawyer. Sometimes, even a short phone call or consultation can help steer you in the right direction.
- Oregon has a Lawyer Referral Service. You can call this number to get referred to a private attorney who may be able to help you with your claim.
- If you can't afford a lawyer, call Oregon's Public Benefits Hotline for quick, free advice and information about your case.