Oregon Unemployment: Exhausted? Fired, Appeals, Ups and Downs of Benefits
86Oregon Unemployment Information
(Updates are listed by date, oldest-to-newest, following the original article below)
So, you got denied your unemployment? You can forget the appeals process and get nothing, or, you can appeal the decision of the Unemployment Department. You should always appeal, unless you lied on your initial application for unemployment.
If you were totally honest an appeal will be your only hope to get the benefits you deserve.
You need to look at an appeal the same as if you were going into court. The more information you can present, along with any documentation, such, as, doctor visits, letters from the doctor, and any documents regarding your health, unusual situations and/or incident, communications between you and your employer, including emails should be presented to the Employment Appeals board, with copies of what additional written documentation you are going to present to the Employment Appeals Board being sent registered mail to the employer who is protesting your pending award of unemployment.
If you fail to notify your former employer of additional documentation you will not be allowed to use the additional documentation for your case. Sending your former employer the additional documentation is an absolute. You must send the information, registered mail, because if you don't your former employer could say they never received it. Additionally, do not forget to submit additional documentation with the Employment Appeal Board, in a reasonable amount of time so all parties will have it in-hand before the date your appeal.
If you loose the appeal, you have the right to re-appeal.
All Oregon appeals occur by phone. You will want to call-in for your hearing using a “wired” telephone, not a cordless, and not a cell phone. Should you not use a wired-phone you may drop the call and/or loose the connection, thus, not being able to defend yourself completely. This could result in a loss to you.
If you win your appeal Oregon will pay you all the money from the time you filed. Remember, even if you were denied benefits initially, you will want to report every week, and although you will not be receiving weekly benefits, every week counts if you win your appeal. The same policy holds true for re-appeals.
If you win your appeal do not think all-is-good. I thought, after winning my appeal, and getting my back benefits, all was good. I continue to receive my weekly benefit amount and thought all-was-fine. One-month after winning my appeal I received a letter from Oregon Unemployment Department saying my former employer had requested a “review” of my case.
What does a review mean? Well, in my case, when I called in for my meeting between my former-employer and I, my former-employer did not call in on the specified time, and although I did present additional documentation (sent to my former employer and the Employment Appeals Board) prior to my set appeal time, I presented my case to the Administrative Law Judge in the same fashion as I intended to present it if the employer had called in, which they did not.
If I had not called in and the employer had, my appeal, would have been dismissed. KEEP THIS IN MIND—Oregon seems to lean in the direction of the employer. In my case, I came to the hearing (by phone), but, my former employer did not show-up (by phone), yet, they have appealed (the review).
Their argument is that when the Administrative Law Judge ruled in my favor, he erred in approving (giving me the WIN), and they want a review of my “win.”
I called the Employment Appeals board to ask what a “review” meant. Aside, from what I've already said, the results of a review of my case, if it is determined the judge erred, my unemployment benefits will stop, and I will have to re-appeal. I will, also, be responsible for paying back all the benefits I have received, even, after winning the first appeal.
You, need, to understand that Oregon, in my opinion, is never on your side. They would prefer to keep the money, and will use every available method to starve you to death. My earlier experience with California has been completely different. California tends to lean in the direction of the employee.
So, if you're filing for unemployment in Oregon, AND, you've been fired, get ready (with as much documentation as possible – this includes witnesses), for the battle of your life.
And, always remember, even if you win, Oregon has an additional card up its sleeve, its called the “review process.” It's a special little thing they have, so, employers can assist the state in keeping your money, and making you pay back the money you have received, the unemployment benefits you won-by-appeal.
Never assume anything in Oregon.
Secondly, keep-in-mind, big companies have whole departments that exist for only one-purpose, denying unemployment benefits. They don't care who you are. If they fired you they will pull out all-stops to halt benefits. Even if your firing was unjustified.
The State of Oregon Unemployment Website has a lot of useful information, even though they lean with your former employer.
Here is the website address:
http://www.oregon.gov/EMPLOY/UI/index.shtml
Helpful information from the Oregon Bar Assn:
http://www.osbar.org/public/legalinfo/1099.htm
Ups and Downs of Benefits
So, they tell us about the extensions, and about how it all works. But, what they don't tell you are about how it all works and those extensions!
Remember every extension has some type of paperwork to fill out, either online OR mailed or, heaven forbid, you'll have to call - plan on waiting at least 35 minutes to get a live person - And, the state, at least here in Oregon, could care less whether you draw your benefits or not. So, getting what you deserve is all on you.
When you have to change program-funding (that's the Employment Benefits (UB), or Emergency Unemplyment Benefits (EUB) or Extended Benefits (EB) or the latest which is back to the state again (abreviation unknown) a little glitch takes place the state never mentions;
You can check the amount of money left on your claim through googling "Oregon Unemployment." BUT HERE IS THE GLITCH: As your benefits decrease each week, the amount posted on the state's site gets less each week. Now, on your very last week for that particular program (UB, EUB, EB, and the next) whatever is left in the account that does not equal your benefit amount, even if its only $1, the state will send the last reliacard $$ as the final week's payment before you are upgraded to the next program (the extension).
Next week, as example, Oregon is sending me $1 for my unemployment benefits. And, then, when the account is at ZERO I will qualify for an extension. They always tell you on the phone a check will come to make up the difference. What they don't tell you is that check takes 7-weeks!! The last time this happened, for me, they sent me $36 and 7-weeks later the balance.
 | Amazon Price: $25.99 |
 | Amazon Price: $0.01 List Price: $4.99 |
 | Amazon Price: $5.99 List Price: $7.99 |
 | Amazon Price: $0.01 |
Update 12/15/09: Claims are good for a year. What happens after it expires?
I thought I'd update this with the latest from the State of Oregon.
We hear about all these extensions, and you can't help but wonder, after adding all the extensions up, will my claim continue after it expires?
My claim was initially filed on Nov. 14, 2008. It was listed to expire on November 14, 2009. I called the unemployment office -- on hold for almost an hour - and was told not to worry and just file my normal weekly claim, which I do online. I usually get my money on Wednesdays. On November 18, I received my funds and they were short by $33.
I called the State and was told I was being moved from Extended Benefits (EB) back to Emergency Unemployment Compensation (EUC) because the State Government had approved another "tier" of EUC. I asked about the shorted funds and was told the shortage was caused by a lack of funds in my EB program, but, everything would be back to normal by the time I report for the week ending Nov. 21.
I filed that week on Sunday, Nov. 22. On Monday, Nov. 23, I received a letter saying that a review of my working-time between July 1, 2008, and July 1, 2009, showed I was eligible to file a new claim during the current quarter, and "should I wish" I could file a new claim.
And, then, the last line of the letter made the point; "we can not continue paying you benefits because your claim has expired. I went to their website and filed a new claim and filed my claim for the week. Then came Wednesday Nov. 25, the day before Thanksgiving. Guess what? No check. I went to the State Website to see what was up and all I could find was a box with the words "No Valid Claim!"
We had our - less than expected Thanksgiving dinner - and on Friday November 27 I got my weekly benefit. I went back to the State Website to check things out and all it said was "No Valid Claim."
On Monday, November 30, I called the Unemployment Division's telephone number -- was on hold, again, for almost an hour -- and was told my new claim that the State told me to file was invalid and had been rejected, and that I was being put back on Emergency Unemployment Compensation. They took my claim for the week which had just ended over the phone. I received my benefits in full on Thursday Dec 3.
I went and checked my claim again and there it was again, No Valid Claim. On Friday, December 4, I received a paper-claim-form in the mail, without a return envelope, and was instructed to fill out the form and mail it on December 7. On Saturday December 5, I received the $33, by check, that I had been shorted on November 18.
The State Website still shows me as No Valid Claim! So, rather than mail the form back to Salem on Monday, December 7, I call and file with a live-person. Mailing the form they sent will delay my check by two days, and two day mean a lot to me.
So, my friends you can see how confusing all this has been for me.
All I can do now is wait to talk to someone on Monday. The State said they added 8 weeks to my expired claim, and I asked them exactly what happens after 8-weeks. The answer I got was "we just don't know." Well, if the State of Oregon doesn't know, how am I suppose to know?
And, getting back to that claim the State told me to file, and then, invalidated, I have some questions about that too. Between July 1, 2008 and July 1, 2009, I made near $7000 dollars.
I can't figure out why having $7000 in wages would not be enough for a new claim?
I've found a lot of the communications I received from the State after my claim expired ran me around in circles. The "new" claim I had been directed to open proved to be disqualified. And even though my claim expired, even though there are funds to open a new claim the State has informed me they do not allow such unless you have earned ten-times your weekly benefit amount (on the old claim) from work since the old claim was opened, which for me was Nov. 14, 2008.
Am I still receiving money?? Yes.
Even though my claim has officially expired, because of the "emergency" situation of high-unemployment I am continuing to receive weekly benefits. I tried to get some sort of time-line as to how long I will be able to receive benefits and the only comment I received from the Oregon Unemployment Division was "we can not speculate on how long benefits will be."
So, as of today Dec. 15, that's the story.....
And, if you're trying to reach these people by phone, all I can say is good luck as their lines are constantly busy. One state worker told me the best times to call are from 745am to 8am, and around 445pm in the afternoon. She said the worst time to call is between 1130am and 130pm because there are less agents because of lunch.
Here's the link to the State's Unemployment Filing Website: .http://www.oregon.gov/EMPLOY/UI/index.shtml
New Benefits for those who have exhausted all 99 weeks
The governor of Oregon has just signed (3/23/11) bills which will give those who have exhausted all 99 weeks of unemployment an additional six-week benefit beginning the week of April 17-23, 2011.
There is no need to contact the Unemployment Center as those who qualify will be notified via mail.
I personally have been out of benefits for over a year and this comes as a welcome relief.
Here is a link to the whole story on Oregon's State Website:
CommentsLoading...
Congress supposedly created the Unemployment Tax Loophole Fix in July 2010 to specifically address the issue of forcing people to file new claims because they worked part-time while receiving benefits. It's supposed to "eliminate the disincentive" for claimants to seek and obtain part-time and temporary work while claiming benefits.... so what the hell happened? Why isn't Oregon following federal law? I asked them, they had no idea what I was talking about. Total crap.
I think we should all ban together and go rally outside of the main office in Salem. This is unacceptable!
In August of 2010, I was working in Washington, making great money, and living in Oregon. I was laid off. I waited until 10/2010 to "start" my claim because I need to have the maximum benefit amount and since I received a raise in April 2010, I chose to wait for a few months before filing my claim.
Another key aspect of my situation, is that since October 2008, I've also been working part-time for DHS because my husband is permanently disabled and requires in-home care because he is unable to work. Because I receive a small amount of wages from DHS, I had to report that income to Unemployment while I was claiming because I'm an honest person. So even though I was approved to receive $496/week for 26 weeks, I was actually only receiving about $257/week, which stretched my 26 weeks out to year.
Last July, 2 months ago, I took a temporary job to make ends meet. The job only lasted 8 weeks and it paid half as much as I am worth, but I took it, because I'm an honest, hard-working individual, and I have to support my family.
I was laid off today, 9/15/11. My claim expires on 10/1/11, and I have $1800 left in my claim. There is no way that I'll be able to use up those benefits by 10/1/11, because I'm still receiving a very small amount of money from DHS for taking care of my disabled husband. The employment department is telling me that I will need to start an entirely new claim after 10/1/11, thus reducing my weekly benefit to $256/week, but since I make about $200/week from DHS, I won't be able to collect anything from unemployment.
THIS IS UNFAIR AND SEEMS TO BE ILLEGAL ACCORDING TO THE EUC FIX. How can they possibly get away with this?? I am going to lose everything I own and end up homeless if they succeed with this malicious attempt to rob me of my benefits. I am caring for a severely disabled adult. THIS IS UNACCEPTABLE! I am being penalized for accepting part-time and temporary work. I might as well just not even look for a job!
I filed my claim last year 10/1/2010. I have been working part-time the entire time that I have been claiming. My weekly benefit is $496. My claim is about to expire, and since I've worked part-time, I am being told that I will need to file a new claim. My weekly benefit amount will be $256. But since I'm still working part-time, I will never see any of that money. This isn't fair. Why can't I file for an extension to keep my $496 weekly benefit amount?
They check ip address and log telephone numbers. That's how they caught you.
Has anyone had experience with getting a letter stating "week denied" because the employment Dept received information that I was away from normal labor market for three or more days. (I admit I was out of the USA for 8 days but I claimed online anyway) Does anyone know how did THEY know I was out of the country?? (do they obtain Passport information? Banking activity? did my online claim show it was reported out of the country???) Just how much data can they find out about my personal life??Thanks any info you can share is appreciated.
heres is my issue, I contracted MRSA from the facility I was working at, back in February, and I ended up being sick the whole month of march. I received two doctors notes, one which was turned into the employer, the other i didn't have a chance to. I lost my job and ended up having a phone hearing where my former employer out right lied to the law judge, stating multiple things which weren't true. One of them which, they had called the hospital and retained my medical records and the dates and such when I had been seen and such.. Now one is that goes against HIPPA rules and laws, and even I without a release of consent don't and can't get access to my OWN records. How does a judge see that as truth, and rule in their favor. I had witnesses who had heard conversations with my ex employer, were aware of them telling me to falsify information or else. How does Oregon see that as allowed. I am 27 years old and am in the process of losing my home, my vehicle, all because the oregon state would rather back up a lying employer, because they "must be" telling the truth due to the fact they own a business and have a name for themselves. Can anyone explain why to me
Dear Jesse,
This is a blog that you will want to see. "FEMA Camps for the Homeless."
we just got a letter. says they have reviewed the wage files and it appears we qualify for a new claim during this quarter, it says if were getting an extension (which we have been for 1 month now) it wont be paid if we qualify for a new claim.
my husband only worked about 3 months a lil while ago before getting fired, and was unemployed since november 2009, does this mean our claim will be less money per week than before? we were getting 402 (includes the 25$ fed), so 377 it was, will it be less than that if we file a new claim? we dont want to! the extension in the account says we have 6000-ish left. thats better than less!
UnderTheRadar
I assume you've been asked to file for a new "initial claim?"
Here is the deal: If you have worked since filing the original claim (which is in effect for one year), then you will be pulling your continuing benefits off the new "initial claim."
If you haven't worked since the original filing, and your original filing is now at the one-year old mark, you still have to file a "new claim," but it will be denied.
Once denied, your original claim, which is now one-year old, will continue, so long as benefits remain. This is what those extensions the government has approved are about.
I check these comments at least once a week, so, if I can help clerify or assist, please leave a comment....
I'm trying to sort out the transition to Tier2 and the "file for new initial claim" instructions now.
I guess I haven't found the secret handshake yet.
I have never seen anything like Oregon EDD..my friend just found out that her appeal (which she won) has been overturned because her employer who couldn't be bothered to call in at the time of the hearing, provided additional information two days after the hearing, all lies of course..so now she has to appeal the appeal..
If your friend failed to report during those eight-weeks, either in person, by phone, or online, she probably will not realize any $$ for those weeks.
I did have to appeal. Then won the appeal. The the decision of me winning the appeal was appealed.
In the end I won. Don't let the re-appeal scare you. The Administrative Court of the Unemployment in Oregon told me that re-appeals by the court seldom change the outcome of the original appeal filed by the claimant...
I have been helping a friend fight Oregon unemployment, her claim was approved- then a week later denied. I told her to continue filing weekly claims while it was under appeal, but they blocked her access to online filing. She won her appeal and now they are refusing to pay her for the 8 weeks while it was pending appeal because she didn't file for those weeks..duh. She even called them when she couldn't file and was told it was because her claim was 'pending'. Any one have any experience with this?
I filed my initial claim with Oregon last June of 2009 after I was told by Washington Unemployment I did not qualify for extensions with their state due to the fact I can still file a claim in Oregon. I was getting $475/week with Washington. I live in Oregon, but worked across the river in Washington. By filing in Oregon, my weekly benefit reduced to $315/week as my benefit year decreased in value. After exhausting the first 26 weeks of Oregon benefits, I was given another 26 weeks of extended benefits of $315/week. When that 26 weeks of benefits exhausted, I tried applying for the other Federal extension for high unemployment. I got 1 week of that, but then I received notice that my claim year had expired and that I did not qualify for anymore of the extensions. I did that and my benefits are at the minimum of $115/week. Now I do have a part-time job but if I work 10 hours, I exceed the amount and don't get any unemployment. This is a bunch of shit!
I've been collecting benefits since may of last year. I was getting 480 a week on tier 2. I was working a full time job and a part time job prior to collecting benefits. I was laid off from my full time job and continued to work my p/t job for this entire claim year always reporting p/t earnings and reducing my benefits slighty per week.
My benefit year ended may 2010, they made me re-open a new claim rather than just continue on my tier 2 payment. Now my benefit rate has been reduced to 271.00 from 480.00. Now the 160-180 I earn will reduce from 271, instead of from 480 leaving me w/ about 80.00 from unemployment weekly. that's a loss about 400. a week. I was better of not working and doing the right thing this entire time. When they rework your new claim they don't include unemployment payments as income, but you are taxed on it. Good news we are now eligible for food stamps ! this system is broken we need real help.
The best answers as to your "why questions" can be best answered by calling OR Unemployment. They are very thorough when answering individual questions.
When it came to my benefits, personally, I have found their website has lots of answers to general questions, but, calling the department BEFORE you assume something -- like working while collecting benefits -- will save a lot of heartache.
I feel for you. I've been collecting $138 a week since November of 2008, and next week it's OEB2 and my benefits drop by $25 to $113.00 per week, because they don't include the $25 from the Feds. Try budgeting on $113 per week?
And, when it comes to getting money from the state, or anyone, for that matter. Never assume anything. You should have known exactly how much you could work and still draw the benefits. This information is available on line, within the the unemployment handbook, and by calling the department.
I have no documented work since loosing employment, and when my claim expired, there was not enough money to open a new claim, and I became eligible for Emergency Unemployment Benefits, which comes in several levels, OEB2, being the last.
Here are the phone number for Oregon Unemployment. (I never call on the 800 number, nor, do I call on a 503 number. Area Code 541 seems to have a shorter HOLD time)
Portland Metro - 503-451-2400 or 1-877-877-1781
Eugene - 541-686-7800 or 1-877-728-7970
Bend - 541-388-6207 or 1-800-663-7914
If you live outside of Oregon, call 1-877-877-9996
My husband has been unemployed since last March.He has worked a day here and there when he was offered something.This resulted in a check for 33 dollars instead of 425 the last week of his 26 week claim.We also received about 30 dollars the last week of the tier 1 claim.So we lost 800 dollars because he had worked a couple of hours over the weekly free allowed amount.We had to turn to friends to survive.No one told us that if you work 1 extra hour too much ,you will loose a whole weeks payment!!! He had just started tier 2 when we got a letter saying his benefit year ended and he had to file a new claim.So he never even received the better part of his tier2.After filing a new claim his benefit was lowered from 482 to 250 per week!! We can't survive on that. What are all those extensions for if they make you file a new claim after a year?? Did he get his benefit cut in half just because he worked a few days extra during his benefit year?? Would he have been able to collect his regular amount on the emergency extensions if he had not worked at all??? Could he then after his new claim failed have continued on his tier2 and then moved on to EB with the same amount?? Am I to understand that if he had not worked at all this year he could have continued his last 9 weeks on tier2 and then 13 weeks on EB and 6 weeks on OEB2 even though his benefit year ran out??? Are we loosing over 6000 dollars because he actually made 6 times his new weekly benefit of 250 dollars last year ??I don't understand any of this ,all I know is that we now have no money for food.
well....he filed a new claim as they directed and now they have denied his new claim! He's going to appeal; in the meantime, he's still beating the bushes for a warehouse job. I have to agree with you that OR doesn't care about the unemployed workers; it looks like they don't even know what they're doing!
*sigh* I'm glad things have worked out for you, though, thank goodness!
If your son's claim just-expired, and you filed a new claim,if the state determines the new claim is invalid, or valid, it doesn't really matter.
If the claim is valid then benefits start all over with a brand new week-1.
Yes, I ran into the same thing your son did. The state told me I should file a new claim. My claim came back invalid.
Valid or InValid there should be no break in payment-weeks unless your son did not call the Unemployment Claims Office.
You need to ask questions from the people-with-the-answers, the state. Never just assume, "that's it."
With my claim InValid, my claim which expired was extended and I started receiving Tier 4 EUC (Emergency Unemployment Compensation).
Tier 4 is the end of the line. I have 4-weeks left......
My son's claim just expired after a year and he was told to file a new claim and he received no money, even though there's still funds left in his account. ??? I'm praying (I do that a lot these days) that he earned enough in the new quarters the state's looking at to qualify for at least something! (He worked as a warehouse order picker for years but goods aren't moving anymore.)
He told me there was a news report on TV about Oregonians getting screwed by not being able to get the rest of the federal money in their accounts. (I'm going to try and find it online.)
I never know what to expect with the phone workers; one he spoke to denied his initial claim because she didn't understand the rules. That's not just my opinion; the folks who investigated his appeal were gobsmacked he had been denied. They had to backpay him 3 months. (I'm running a tab for him at my house ;-)
I can see why so many families end up homeless and living in their cars. It's a sad, sad situation.
Thanks for your page; it's hard to find real-life info on this stuff! Hope everything work's out for you!
1/19/2010
Yes, tomorrow is going to be the big pow-wow as far as what happens next. I wouldn't be surprised if they pull out some type of shell-game and see if I can pick under what shell the unemployment is!
But, in all honesty, although Oregon has been somewhat elusive, the folks who have helped me on the phone have been quite compassionate and understanding. At least the state selected good people to manage their phones.
I just get frustrated at times not knowing, what's next?
Thanks for the additional update!
Thanks so much for taking the time to write of your experiences! My son has just arrived at circumstances quite similar to yours and it's impossible to glean what's going to happen next by perusing thru the OR bennies site. At least we have a clue now!
(Hey, Obama! Where's all the new jobs? Why the heck did you start with health insurance reform instead of a reality-based jobs bill? And I never got my car magnet you promised either! ;-)
Excellent hub I wish mine were as good as yours.
Sduke 6 months ago
Again, all hoops and shell games aside, what people should really be up in arms about is the fact that our own CONGRESS specifically approved and made public the Unemployment Tax Loophole Fix in July 2010, which SPECIFICALLY states that the entire purpose of the new law was to "eliminate the disincentive for claimants to seek and obtain part-time and temporary work while claiming benefits." It SPECIFICALLY states that the purpose is to resolve the issue of forcing people to file new claims because they worked part-time while receiving benefits.
The fact that our ever-powerful Congress members have BLATANTLY lied to us, and are doing the EXACT OPPOSITE of what they have promised to do, and are failing to enforce the very laws and statutes they've written and publicized, and that they haven't even ACKNOWLEDGED this MASSIVE ERROR on their part, SHOULD make us all feel sick. Not to mention frightened to be living under such an order of complete chaos, where we are actually expected to BELIEVE such lies, and take them at face value, and never question their validity. I for one, do NOT appreciate being LIED TO and DISRESPECTED in such a manner. I mean, how completely retarded do they think we are? Do they think that we will happily sit in our living rooms, not acknowledging the eviction notices and bills that are piling up, and if FOX NEWS tells us we are ok, and we are safe, and things aren't that bad, and we don't need to worry because Congress "SAYS" we are on extensions, that maybe we'll just BELIEVE them? And be like, ok. It's all good, I'm living in poverty and am about to be homeless, but by golly if FOX NEWS says our Government cares about our well-being, well it just MUST be true! Give me a freaking break.. HELLOOO!?!?!?!