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How to Prepare for an Oregon Unemployment Hearing

If the Oregon Employment Department denied your unemployment insurance claim, you can appeal this decision. Appealing means asking someone with more authority to review what happened. 

During the appeals process, you will have a hearing. A hearing is a formal meeting with a judge. Your employer and someone from the Employment Department may also be there. 

This article will help you understand what to expect at your unemployment appeals hearing and how to prepare. 

If you have not filed an appeal yet, start with our article on what to do if your unemployment claim is denied. Then come back here to learn how to prepare for your hearing. 

What should I expect at my hearing?

Unemployment hearings are usually held by phone. The hearing will be more formal than a regular phone call but less formal than a courtroom appearance. 

An administrative law judge will be present. They will hear from everyone involved and then decide whether you qualify for unemployment insurance.

Often, only you and the judge will be at the hearing. Your employer and someone from the Oregon Employment Department may attend, but they do not have to, and often choose not to.  

At the hearing, the judge may: 

  • Review your file and any documents that were turned in. 
  • Ask you questions about your job. 
  • Ask why you stopped working or why your employer says you were fired. 
  • Let your employer ask questions or give information if they attend. 

Step-by-step guidance on preparing for your hearing

The Oregon Office of Administrative Hearings will send you a hearing notice by mail or email. The notice will tell you: 

  • The date and time of the hearing. 
  • How to join the hearing by phone. 
  • Your case number. 
  • The reason your claim was denied. 
  • The issues the judge will consider at the hearing. 
  • The documents the judge will consider at the hearing. 
  • How to send in more documents for the hearing. 
  • What to do if you need a language interpreter or an accommodation for a disability. 

Keep your hearing notice in a safe place. You may need the case number when calling the Office of Administrative Hearings. 

If you cannot attend the hearing at the scheduled time, call the Office of Administrative Hearings right away. Ask the hearing coordinator how to request a new hearing date. 

Your hearing notice should explain why the Employment Department denied your claim. It should also list the legal issues the judge will consider. When you prepare, focus on those issues.  

For example, your hearing might be about whether: 

  • You quit your job for a good reason. 
  • You were fired for misconduct. 
  • You were able and available to work. 
  • You reported your work search correctly. 
  • You earned wages that affected your benefits. 

You do not have to be an expert in unemployment law. Still, it helps to know the main rules that apply to your case. To familiarize yourself with the issues at your hearing, you can: 

  • Look up the laws or rules listed in your hearing notice.
  • Talk to a legal professional (see the “Where to get help” section below). 

You may want the judge to look at documents, messages, or other records. These are often called evidence. 

Helpful documents may include: 

  • Texts, emails, or letters from your boss or co-workers. 
  • A termination letter or write-up. 
  • Work schedules or pay records. 
  • Medical records or a letter from your doctor, if illness affects your work. 
  • Notes from conversations with your employer. 
  • Letters from co-workers or other witnesses. 

Send only the documents that are connected to the issues listed in your hearing notice. The judge does not need every message or record from your job. 

It is fine if you do not have any documents. Many people do not. You can still tell your story at the hearing. What you say is called testimony, and it counts as evidence too. 

If you want the judge to look at your documents at your hearing, you must turn them into the Office of Administrative Hearings before your hearing.  

Your hearing notice will tell you how to turn in your documents. If possible, turn them in a few weeks before your hearing.  

You also need to mail copies of your documents to other people involved in your case, like your employer. Look at the certificate of service on your hearing notice to see who else is involved in your case.    

If you have questions about how to send in documents, call the Office of Administrative Hearings. Keep your hearing notice and case number nearby when you call. 

The judge will ask you questions during the hearing. You do not need to prepare a speech. The judge will ask questions like: 

  • Why did you leave your job? 
  • What happened before you quit or were fired? 
  • Did you try to fix the problem at work? 
  • What did your employer tell you? 
  • Did you report your work search or earnings correctly? 
  • Were you able and available to work? 

Making short notes before the hearing can help you stay organized when the judge asks you questions. Write down:

  • Important dates. 
  • The names of people involved. 
  • What happened in the order it happened. 
  • The main points you want the judge to know. 
  • Any documents you want to talk about. 

Keep your notes brief and clear. You can use them during the hearing to help remember important details. 

Your hearing will usually last about an hour. Here are some things you can do to plan for your hearing: 

  • Find a quiet place to take the call. 
  • Make sure your phone is charged. 
  • Make sure you have a good phone connection. 
  • Have your hearing notice, notes, and documents with you. 
  • Arrange childcare if you can. 
  • Ask for time off or a break from work if you need one. 

Be sure to join the hearing on time. If you miss it, you could lose your appeal. 

If something important comes up and you cannot attend, call the Office of Administrative Hearings right away. 

Your hearing will be by phone, unless you ask for an in-person hearing. Your hearing notice has the phone number to call, and the access code you will need to enter your hearing.  

Here are a few tips for the hearing: 

  • Listen closely to the questions and write down notes if you need to. 
  • It is OK to say, “I don’t know” or “I don’t remember,” or ask the judge to repeat the question.  
  • Try to stay calm, even if you do not agree with something someone else says. Tell the judge if you want to respond. 

Remember, your main goal is to help the judge understand what happened and why you think you should get unemployment benefits. 

Do I need a lawyer? 

No. You do not have to hire a lawyer for an unemployment hearing. 

Most people prepare for these hearings on their own. The judge will lead the hearing and ask questions.  

You might want to hire a lawyer if your case is complicated, involves a lot of money, or if you feel nervous about explaining your situation.

What happens after my hearing? 

The judge usually doesn’t decide your case at the hearing. After your hearing, the judge will review everything and send you a written decision by mail or email. 

If you do not agree with the judge’s decision, you have the right to appeal again to the Employment Appeals Board.  

You need to act fast if you want to appeal again. In most cases, you have only 20 days from when the decision was mailed to file your appeal. 

Where to get help 

If you have more questions about unemployment hearings, contact:

  • Office of Administrative Hearings: This office handles hearing details. Contact them if you need to reschedule, have questions about sending documents, missed your hearing, or need help understanding hearing instructions.  
  • Oregon’s Public Benefits Hotline: Oregon has a free hotline where legal aid workers give quick advice about government benefits, including unemployment benefits.  
  • Oregon’s Lawyer Referral Service: You can also hire a lawyer to help prepare your case or represent you at the hearing. Oregon’s Lawyer Referral Service can help connect you with a lawyer in your area.