What to Do If Your Oregon Unemployment Claim is Denied
Have you recently applied for unemployment benefits (also called 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, how to fight the denial by filing an appeal, and where to get help along the way.
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.
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 think you qualify for unemployment, 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. If you prove that you are eligible for unemployment benefits, the judge will approve your claim.
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 good cause, meaning a good reason, for appealing late).
How to file an appeal
You can appeal in a few ways:
- Online: Use your Frances Online account. You can log in and select "View or Change Benefit Details," then "file an appeal." If you have trouble logging in, you can submit your appeal using the "Contact Us" 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 ID 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.
Where to get help
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. Here are some tips for finding help:
- Oregon Public Benefits Hotline. This hotline is staffed by lawyers and paralegals from Oregon’s legal aid programs. They can give you quick legal advice and may be able to connect you with an attorney who can represent you at your appeal hearing.
- Oregon’s Legal Referral Service. You can call this number to get referred to a private attorney who may be able to help you with your appeal.
Summary
Dealing with a denied unemployment claim can be challenging. Still, by understanding the reasons behind the denial, appealing quickly, and getting legal help, you can increase your chances of getting a decision in your favor.
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."
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.
You will likely need to go to a hearing and prove to the judge that you had good cause for filing your appeal late. Sometimes, this hearing will be combined with the hearing on your underlying denial, so you may need to be ready to address both at once.
Your appeal hearing (also called an administrative hearing) will be less formal than the traditional courtroom trial you've seen on TV. 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.
Learn more about how to prepare for your hearing on this page.
You may have to wait several weeks to more than a year for your unemployment hearing.
While waiting for your hearing, keep filing your weekly unemployment claims for each week you remain unemployed. If you stop filing weekly claims, you could lose out on benefits even if you win your appeal.
Learn more about filing weekly unemployment claims on the Employment Department website.
Here are some steps you should take:
- Understand what you need to prove at your hearing.
- Understand the laws that apply to your case. If you need help, talk to a lawyer.
- Request a copy of your unemployment file.
- Gather evidence and find witnesses to help you prove your case.
- Plan out what you want to say to the judge.
- Turn in your evidence before your hearing.
For more help and guidance, see our guide on preparing for an unemployment hearing.