QUESTION

How do I go about filing to a court of appeal for an unemployment case?

Asked on Jan 04th, 2012 on Labor and Employment - Oregon
More details to this question:
I was on unemployment. I had a telephone interview from unemployment and my funds were cut off. I appealed this due to the fact I have not been able to find work. They denied my appeal stating I did not send it in a timely matter, and that they do not accept faxed paper work. They said I will need to file to a court of appeal. How do I go about doing this?
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1 ANSWER

Kevin Elliott Parks
If you were denied UI benefits, the Employment Department will have a reason for your denial. If this occurred pursuant to an initial telephone conversation/interview with the Employment Dept. staff, the next step is often appealing their decision to the Oregon Administrative Hearings division, which has an ALJ listen to both sides (i.e., you, your employer and/or Employment Dept. staff) to make a decision on your entitlement to benefits. If you lose that hearing, then, you can appeal again, this time, I believe, to the Court of Appeals. If you're already to the point where you're needing to appeal to the Court, you definitely need to obtain an attorney. Often unemployment attorneys will take cases regarding the failure to pay UI benefits on a contingency, wherein their fee is 20% of back due benefits. There are two things you should keep in mind in pursuing this: First, the Court of Appeals isn't like a normal court, and they don't evaluate new evidence or have trials in the same way as you may be familiar with. They only analyze and evaluate the application of the law to the administrative record as it's been established in your case. Not insurmountable, of course, but simply very different from the normal procedure and process of a case. Second, given the facts you've presented it's impossible to know whether or not you have a case at all. You don't state why you were denied benefits, only that you appealed because you have yet to find work. The way Oregon's UI system works, at certain levels, doesn't take into account whether or not you've been successful in finding work. There are numerous reasons, in spite of that, for why the benefit could have been cut off, such as an expired benefit amount, time limit, current job search, paperwork deficiency, availability to work, the status of your previous job and the circumstances around your termination, etc.
Answered on Jan 16th, 2012 at 5:15 PM

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