Understanding Unemployment Initial Disqualification in Oklahoma
Are you asking “What can I do if unemployment denied my benefits?” If an applicant had his or her unemployment benefits denied in Oklahoma, it may be due to an error in the initial filing process.
Below is a list of possible reasons an applicant has been denied unemployment denied unemployment:
1) Claimant is not a United States citizen nor is he or she legally able to work in the U.S.
2) Voluntarily quit last job without good cause connected to the work
3) Claimant was discharged, fired, or suspended from their last job due to misconduct. Wrongful termination, on the other hand, would not disqualify the claimant.
4) Claimant was contacted by the Commission regarding needed additional information concerned with their separation from work and did not respond
5) Is not able, available and willing to accept and seek work
6) Received insufficient wages to qualify monetarily unemployment insurance benefits
7) Claimant was an education employee and has a historical pattern of reemployment and has been notified that he or she will be rehired doing the same or similar work (although may be eligible if benefits were based on other wages if worked for another employer during the base period and monetarily eligible from those wages)
8) Received pay in lieu of notice
9) Knowingly made false statements regarding job separation or earnings—this opens claimant up to charges of fraud
How Can Unemployment Compensation Benefits Get Denied in Oklahoma?
In addition to having OK unemployment benefits denied due to an initial disqualification, UI beneficiaries can be denied unemployment benefits even after they have begun to receive unemployment compensation in Oklahoma. For example, if an applicant did not complete weekly benefit certifications to receive benefit payments in a timely manner, or did not search for work by being involved in a minimum of two activities per week in attempting to secure employment, he or she will lose eligibility for unemployment. In addition, if the petitioner did not notify the Unemployment Service Center about his or her change of address, refused a job referral from the Workforce Oklahoma Center or refused a job offer, he or she will lose unemployment insurance coverage. If a candidate fails to contact a representative after receiving a notice, or fails to attend a mandatory reemployment program activity, he or she will lose benefits.
Any time an unemployment insurance beneficiary procures a job, it may result in a reduction of unemployment benefits, depending on the income and hours worked.
Learn About Unemployment Denial Appeals in Oklahoma
An unemployment denial appeal in OK can be initiated by the claimant if he or she disagrees with a Notice of Determination that rules the claimant ineligible to receive benefits. If an applicant has the unemployment compensation benefits denied, he or she has 10 calendar days from the mail date of the determination to appeal the determination. If the 10th day falls on a weekend or legal holiday, the 10th day will be the following business day. The unemployment denial appeal can be initiated in person, by mail, fax or email. The claimant needs to include his or her name, Social Security number, phone number, date of determination, and the section of law they are appealing and why they disagree with the decision. The mailing address, fax number, telephone number and email address will be listed on their determination.
Once the unemployment registration appeal is filed, the parties will be mailed an appeal packet with copies of all pertinent claim information. After the hearing has been set, the claimant will be mailed a notice of hearing. This notice will indicate what action is required from the claimant to participate in the hearing. The claimant’s side of the case is critical to the appeal and his or her failure to take part in the hearing may result in a decision denying benefits. If the claimant needs witnesses to bolster his or her case, he or she must arrange for them to participate. Information about subpoena of records or individuals will be included in the appeal packet. If the claimant has any questions, the can contact the Appeal Tribunal by phone.
Even if the applicant has filed an unemployment denial appeal, he or she must continue to file unemployment insurance weekly certifications. If he or she is determined to be eligible for benefits, benefits will not be paid for any weeks that applicants have not claimed. The employer also has the right to appeal.
If the Appeal Tribunal determines that the claimant is not eligible, they may appeal that decision to the Board of Review. This appeal must be filed within 10 calendar days from the mail date of the Appeal Board decision. The Board of Review may affirm, modify, reverse, or remand any decision of the Appeal Tribunal. The claimant will be notified in writing of the Board’s decision. The Board of Review decision shall be final unless, within 10 days of the mailing of the decision, either party appeals the decision to the district court.
