What Can I Do If My Oklahoma Unemployment Appeal is Denied?

If an unemployment appeal is denied, then the employee (the “claimant”), the employer or the Oklahoma Employment Security Commission may appeal the decision to the Board of Review. The review board generally will decide  the matter based on the record made at the Appeal Tribunal. An appeal to the Board of Review should be mailed directly to the Board at the address printed in your appeal rights in your decision within 10 days of the mailing date of the Appeal Tribunal decision. The next level of appeal lies at the County District Court.  In order to appeal in District Court, you must file Petition for Review with the court, within 30 days of denial by the Board of Review. Okla. Stat. tit. 40, § 2-610.

How Long Do I Have to Work to Collect Oklahoma Unemployment Benefits?

To qualify for unemployment benefits in Oklahoma, you must have a total base period level of earnings of at least $1,500 and you must have worked at least 2 quarters, or 6 months, of the base period. This is in addition to other qualification requirements. 

Where Do I Go to File for Unemployment in Oklahoma?

You can file for unemployment by phone or online in Oklahoma.  (https://unemployment.state.ok.us/) You can also do so by phone at Workforce Oklahoma Centers which is responsible for administering Labor Exchange programs and services to employers and job seekers.  They have local offices throughout Oklahoma.

What Are the Requirements for Oklahoma Unemployment?

There are several requirements that must be met in order to collect benefits. You must be willing and able to work and you must be actively seeking work. A claimant must do those things that a reasonably prudent individual would be expected to do to secure work using any means that are appropriate and customary each week. That can include registering with your local union hiring hall, submitting applications for work, registering with a placement service, taking examinations with governmental agencies, and the like.

If you are offered suitable work, you must accept it.

You must also have met base period requirements regarding earnings and duration of prior work. Okla. Stat. 40 § 1-202.

Finally, you must not have quit without cause or been fired with cause.

How Much Is Unemployment in Oklahoma?

If you qualify for benefits, your weekly benefit amount will be 1/23rd of your wages in the highest paid quarter of your base period.  For 2018, the maximum weekly benefit amount is $506.00. Okla. Stat. 40 § 2-104. 

How Long Can I Collect Unemployment in Oklahoma?

You can collect unemployment benefits in Oklahoma for a maximum of 26 weeks. Extended benefits are sometimes available during periods of high unemployment rates.

What Are Work Search Requirements for Oklahoma Unemployment?

You must diligently search for work while collecting benefits. You must be involved in a minimum of two search activities per week. You must keep track of your work search efforts. In person and telephone contacts should be made to a person who has hiring authority and contacts should be made for work that you are willing to accept and qualified to do, at a pay rate that you are willing to accept and in an area in which you are willing to work. Contacts cannot be repeated until 4 weeks have passed. If you are a member of a union and have a hiring hall, you must contact the hiring hall each week.

Can I Have an Attorney Represent Me in Unemployment Appeals?

Appeal hearings can be conducted in person or over the phone.  Your employer may attend with his or her attorney and you may also be represented by an attorney at the hearing. At the hearing, you want to present all evidence showing that you should get unemployment benefits. An attorney at this hearing can mean the difference between getting your benefits and not. Oklahoma unemployment lawyers are low-risk, cost effective advocates because their fees are limited to a small portion of the benefits they secure for an applicant.

Can I Collect Oklahoma Unemployment if I Quit My Job?

You can only collect benefits if you quit your job for a good cause.  Here are some conditions that can give rise to a finding of good cause in Oklahoma: unsafe working; injurious to health; job either causes illness or makes it worse; a harmful change in working conditions; or employer breached the original hiring terms Okla. Stat. 40 § 2-404. 

Can I Collect Unemployment if I Was Fired?

You can collect benefits as look as you were not fired for misconduct. In Oklahoma, misconduct  is defined as: an intentional act or omission which constitutes a material or substantive breach of the employee’s job duties, responsibilities or obligations under the employee’s employment contract; unapproved or excessive tardiness or absenteeism; indifference to, breach or neglect of duties resulting in a material or substantial breach an employee’s duties or responsibilities; acts or omissions that jeopardize others or their property; dishonesty; wrongdoing;  violation of the law; or rule or policy violation put in place to ensure the safety of others or proper job performance. OESC §  2-406; Okla. Stat. 40 § 2-406.

What is the Base Period for Oklahoma Unemployment Benefits?

The base period in Oklahoma unemployment is a period of time preceding an application for unemployment benefits. The base period is constructed around calendar quarters, and excludes the most recent quarter. In other words, it is the first four of the five most recent completed quarters preceding the benefit year. Oklahoma defines the benefit year as a period of one year starting on the Sunday of the week a person first files a valid Oklahoma unemployment claim.