Unemployment Benefits 3

In order to collect unemployment benefits, you must show that you are able to work, available for work, and actively seeking suitable work. If the Employment Department thinks you do not meet these requirements for a certain week, they will send you a notice that you are denied benefits for that week. To appeal the denial, you must request a hearing.

What is "able to work?"

You are considered "able to work" only if you are physically and mentally capable of working during a work week. A temporary disability for less than half the normal work week would still qualify you as "able to work" for that week. For example: If you were sick for two days and your normal work week is five days, you will not be denied unemployment benefits for that week. But if you are sick more than that, you should talk to the Employment Division before claiming benefits for that week. (See OAR 471-030-0036(1)(2)).

What is "available for work?"

You are considered "available for work" only if you are in this area and are willing to work full-time, part time, and accept temporary work opportunities, during all of the usual hours and days of the week customary to your job. If you restrict or limit yourself to working only certain shifts, you are not considered available for work and may be denied benefits.

One of the most common reasons the Employment Division will deny benefits is if you are attending school. You can attend school while collecting unemployment benefits. However, you must be willing to adjust your class schedule to be available for work at any appropriate time. At a hearing, you must emphasize that school is secondary to your job search and that you will adjust your class schedule to fit a work schedule or even quit school, if necessary, to take suitable employment.

Another common reason the Employment Division will deny benefits for lack of availability is if you leave the area for reasons not related to a search for work. For example: If you visit relatives in another state, you will not be considered available for work. This does not mean that you can't leave the area to look for work, but if you do, you must be able to prove that you were doing more than just visiting people or taking a vacation. Be prepared to present evidence that you made a valid effort to find work in the other location. Remember - - you cannot restrict or limit your availability to work. (See OAR 471-030-0036(3)).

What is "actively seeking work?" 

You have to be "actively seeking work" to receive unemployment benefits. OAR 471-030-0036(4) states, "... an individual is actively seeking work when doing what an ordinary and reasonable person would do to return to work at the earliest opportunity...." The Employment Division requires a minimum number of job contacts per week and may increase these the longer you are unemployed. If this is an issue for your hearing, you must present evidence that you did apply for work at all of the places you listed on the Employment Division form and any other places you also applied. Get statements from those potential employers and bring witnesses to prove that you were actively seeking work. (OAR 471-030-0036(4)).

What is "suitable work?" 

"Suitable work" is work within your training, experience, and capabilities. You do not have to accept a job that would endanger your health, safety, or morals. You do not have to accept a job where the pay or working conditions are much worse than your former job. Be prepared to explain at a hearing exactly why you think a job you refused was unsuitable. You must also be able to prove that the reasons you say it is unsuitable are true. For example: If you refused a certain job because the lifting required for the job would worsen your back problem, you must show that the job required lifting and you must have a doctor's letter that says lifting would worsen your back.

An Important Point:

It is extremely important that you put your best foot forward and present your best case at the hearing. If you read the pamphlet entitled "Unemployment Benefits 4: Representing Yourself at a Hearing," you should be able to handle your hearing. Good Luck! Unemployment.3.wpd (7/00)

The statutes referred to can be found in the Eugene Public Library, and in the Lane County Courthouse located at 125 E. 8th Avenue, Eugene, Oregon, 97401. 

Click here to view Oregon Revised Statutes online. 

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