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I was receiving my unemployment benefits in Oregon. My

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I was receiving my unemployment...
I was receiving my unemployment benefits in Oregon. My father is 75 and needed assistance at his farm, so I decided I would try my luck at the job market back home in Iowa. I contacted The Oregon Employment Dept. and asked if I could look for a job in Iowa instead and they said that would be O.K. I even called it in a couple times, talked to someone and they took my searches, no problem. I got a letter and they want 19 weeks back. I am appealing, should I win.
Submitted: 6 years ago.Category: Employment Law
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Answered in 7 minutes by:
8/8/2011
Employment Lawyer: AttorneyTom, Lawyer replied 6 years ago
AttorneyTom
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Satisfied Customers: 9,176
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What reason was specified for the denial?

Thanks!
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Customer reply replied 6 years ago

Hi,

I guess I was supposed to be looking for work in the Portland area, but I had asked before and they said it was fine. Now it isn't. Someone called to ask if I read the paper that said to apply for jobs in the area and I said I think I did. That's why I called to make sure I could use Iowa for my job searches and even talked to a couple of people reading off those searches. I always got my check, no problem. Now there is a problem. I hope this helps.

Thank You,

Todd

Employment Lawyer: AttorneyTom, Lawyer replied 6 years ago
Did the documentation you received actually specify a reason for denial or site a statute?

Thank you for clarifying,
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Customer reply replied 6 years ago

I am going to type out the Findings of Fact which will take a minute, but the Reasoning states claimant did not follow the conditions of the extended benefits work plan.

the Legal Conclusion states: Claimant did not conduct a systematic and sustained search for work.

Employment Lawyer: AttorneyTom, Lawyer replied 6 years ago
Thanks for clarifying!

I can't actually provide any sort of document review in this forum for a number of reasons, so there's no need to type out the whole thing. However, I can provide some valuable information about eligibility for unemployment and searching for work.

Please be patient with me and I'll provide some information as soon as I can get it typed up.
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Customer reply replied 6 years ago

I think the meat and potatoes of their findings state. Living in Lake Oswego claimant was advised he must seek work in the geographic area consisting of Lake O and PDX. My entire work search was in Iowa. It states I asked an Employment Dept. Rep if seeking work in IA would be a problem but didn't specify that he would only be seeking work with employers in Iowa. I may not have specified, but I assumed she knew. I think I said, is it ok if my job searces are in Iowa. What else is that supposed to mean?

Thank You,

Todd

Employment Lawyer: AttorneyTom, Lawyer replied 6 years ago

Oregon statutes outline a "systematic and sustained effort to obtain work."

Failure to engage in such an effort is a basis for denial of benefits.

When the state alleges that an individual had such a failure, the state is claiming that he/she didn't comply with the requirements of the statute.

I have included the language of the statute below.

Seeking work in another state doesn't automatically constitute such a failure, though restricting a work search to another state might.

That said, you should retain an attorney to help you respond to the matter and to show that you did engage in such efforts.

As you realize, the costs can be quite high, making such a matter both costly and important.

Therefore, an attorney can be quite an excellent investment.

Further, an attorney can be helpful in showing that an individual relied on the Dept.'s instructions and that an individual did so reasonably.

An attorney can also potentially be helpful in showing that the Dept. failed to fulfill its notice requirements/responsibilities.

I know that this probably isn't entirely what you wanted to hear. However, it's the honest truth and I know you want a truthful answer above all. I hope that you will click accept so that I am paid for my time and effort spent providing this information.


http://arcweb.sos.state.or.us/rules/OARS_400/OAR_471/471_tofc.html

***-***-****

Systematic and Sustained Search for Work

(1) For purposes of ORS 657.325(10), the term "systematic and sustained effort to obtain work" means:

(a) "Systematic effort" is a thorough search for work conducted in accordance with a written plan that is calculated to produce positive results and that has been approved by the Director or the authorized representative.

(b) "Sustained effort" is ongoing work-seeking activity personally performed by the individual within each week for which the individual claims benefits and which is reasonably calculated to obtain work at the earliest possible time. Passive availability alone, including registration with a union or unions, a temporary/leasing agency or agencies or a state workforce agency or agencies, does not meet this standard.

(c) To satisfy the requirements of (a) and (b), above, an individual must perform a more diligent and intense effort to obtain work than that required to satisfy eligibility requirements for regular benefits.

(2) An authorized representative of the Employment Department must provide written notice, as outlined in 20 CFR Ch. V Part 615.8(h)(1)-(4), of the meaning the term "systematic and sustained effort to obtain work" to the individual as it applies to the individual's work-seeking activities. The Department must provide this notice prior to any week for which the individual is denied eligibility as a result of the application of this term.

Stat. Auth.: ORS 657
Stats. Implemented: ORS 657.325
Hist.: ED 4-2004, f. 7-30-04, cert. ef. 8-1-04

AttorneyTom
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Customer reply replied 6 years ago

T-USA ,

Should I hire an attorney if I can tell the judge that I didn't understand the letter and that's why I called to ask the dept. and the dept. accepted what I did for 19 weeks?

Employment Lawyer: AttorneyTom, Lawyer replied 6 years ago
It would likely be a good idea to retain an attorney.
Not understanding requirements typically isn't the same as meeting them, unfortunately.
It would be best to have your attorney's representation so that he/she can help you put your best legal foot forward to maximize your chances of being found eligible for benefits.
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Customer reply replied 6 years ago

I signed up for a month so I think you got paid.

Thanks for your help and I will consult with an attorney.

-Todd

Employment Lawyer: AttorneyTom, Lawyer replied 6 years ago
Todd,

My pleasure! Good luck!

I did get paid. Thank you!
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