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

I thought I'd update this with the latest (11-2009) from the great 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?

Well, I'll have to update on Monday December 7, 2009, and hopefully be able to answer my questions I still have no-answers for...

Here's the link to the State's Unemployment Filing Website: .http://www.oregon.gov/EMPLOY/UI/index.shtml