Oklahoma Unemployment Appeal
Oklahoma unemployment denied? You have the right to appeal
If you’ve filed a claim for Oklahoma unemployment benefits and been denied, you do have the right to request an appeal. Any time a determination is issued regarding your claim, other involved parties, particularly your last employer, also have the right to appeal. Any party wishing to appeal the determination must submit their request for appeal within 10 calendar days of the date on the determination letter.
Information Needed to Appeal
To file your request for appeal, you’ll need to include several pieces of personal and employment information:
Required information includes:
- Your name
- Social Security number
- A working telephone number
Your date of determination
- The section of law you are appealing
- A detailed explanation of why you disagree with the decision regarding your Oklahoma unemployment eligibility.
Many claimants choose to work with a qualified and knowledgeable unemployment attorney beginning at this stage of the appeal process, who can help them make sure they’ve gathered all the correct information and documentation. If you so choose, your chosen law firm also may represent you at your appeal hearing.
How To Appeal
Oklahoma offers a few different options when it comes to submitting an initial request for appeal.
First, you can submit your unemployment assistance appeal in person by visiting your local Oklahoma Unemployment Service Center.
You can also submit your appeal by mail, phone, fax or email. This is where you can submit your initial request for appeal.
Oklahoma City, OK 73152
Oklahoma OESC Appeal Process
Once you have submitted your formal request for appeal, all involved parties will receive an appeal packet from the unemployment office that will include copies of all information relevant to the UI benefits claim. You will also receive a notice of hearing once the date for an appeal hearing has been set.
Your hearing notice will outline everything you need to do in order to participate in the hearing. Please note: You must participate in your appeal hearing. Ultimately, the determination related to your unemployment benefit claim will be largely based on information presented at the appeal hearing. If you do not participate, it is highly unlikely that your unemployment benefits claim will be approved.
It’s important to note that all parties involved in your appeal hearing must register their participation intent by 2 p.m. on the business day before the hearing. Otherwise, they will not be allowed to participate. For Monday hearings, parties need to register by 2 p.m. on the previous Friday. Registration can be completed online or by calling the Appeal Tribunal at the number at 405-601-3311.
If you would like to invite witnesses whom you believe strengthen your unemployment compensation claim, you may do so. But you must make arrangements for them to participate. In addition, you should begin gathering any pertinent employment information and additional resources that could help strengthen your claim for Oklahoma unemployment benefits. You will have the opportunity during your hearing to present new information that may help you.
While you are engaged in the appeal process, you should continue to submit your biweekly certifications. If you ultimately are found eligible for Oklahoma unemployment benefits, you’ll only be compensated for weeks that you submitted a weekly claim. In contrast, please know that if your employer appeals a decision that grants you unemployment compensation benefits, you will still collect benefits throughout the appeal process. But – if you ultimately are found ineligible for unemployment benefits, you’ll be considered overpaid and must return the compensation you’ve received. Otherwise, you may be found guilty of unemployment fraud.
If after their review, the Appeal Tribunal determines that you are not eligible for Oklahoma unemployment insurance benefits, you have additional appeal steps you can follow. Your next step is to appeal this decision to the Board of Review. As with your original determination, you have 10 calendar days from the date of your notification letter to make your appeal request. You may do so either by mail, email or fax, using the contact information below:
Board of Review
PO Box 53345
Oklahoma City, OK 73152
At this point, you do not need to provide additional employment information or participate in another hearing. Instead, the recording of your appeal hearing and the Appeal Tribunal’s decision will be reviewed to ensure that both the evidence and Oklahoma law support the Appeal Tribunal’s decision.
The Board of Review has the authority to affirm, modify, reverse or remand any decision made by the Appeal Tribunal. Once the Board of Review makes a determination, they will notify you in writing. At this point in the appeals process, you have 30 days to appeal the Board of Review decision in federal district court. If no appeal is filed in court within that 30-day period, the Board of Review’s determination becomes final and binding for all parties involved.
Reasons Your Claim Might Be Denied
Keep in mind that for every unemployment claim received, the OESC will notify the claimant’s last employer and fully investigate the reason for employment separation, along with any other issues that may arise from your claim. Your UI benefits claim may be denied for several different reasons. For example, the OESC may find that you were fired from your job because of your own misconduct, in which case, you will be denied unemployment compensation.
The OESC’s definition of misconduct includes general dereliction of duty, excessive absenteeism, behavior that puts others in danger, dishonesty or violation of the law.
Common reasons for a claim being denied include the following:
- Being unavailable to seek and accept work
- Being a union member involved in a strike
- Failing to participate in required re-employment services
- Not being a U.S. citizen and not authorized to work in the U.S.
- Refusing a job offer for suitable work or refusing a referral to a suitable job
- Reporting gross earnings, deductible severance payments, deductible vacation payments, or deductible bonus payments that are $100 or more than your weekly benefit amount. Our Oklahoma unemployment calculator can help you determine an estimated weekly benefit amount so that you know if you’re in danger of this.
A claim may also be denied because the OESC finds that a claimant voluntarily quit employment without good cause. In order to show good cause, a claimant must show that the employer created a working environment that was harmful, detrimental, or adverse to the employee’s health, safety or morals.
A claimant who voluntarily leaves employment because of unfair treatment or difficult working conditions also may be found to have quit with good cause. In some cases, quitting employment under a collective bargaining agreement may also be considered good cause, as can quitting a job when being denied wages even after doing the work. In the absence of one of these circumstances, a claim may be denied when someone quits suitable employment voluntarily.