If you have a hearing on unemployment benefits and the Judge rules against you, you can request a review by the Employment Appeals Board.  What you have to do to file this appeal will be explained in the material sent along with your hearings decision.  READ IT CAREFULLY!

YOU HAVE ONLY 20 DAYS TO APPEAL FROM THE DATE OF THE JUDGE'S DECISION.

How Will the Appeals Board Review the Case?

The Appeals Board will review your case by reading the Judge's decision, reading a transcript (written record) of everything that was said at your hearing, and looking at all of the exhibits. No new evidence is considered at this point. If you think additional evidence is necessary, you can request the Employment Appeals Board to send your case back to the Judge for a further hearing. However, this is not usually allowed.

How Can I Tell the Appeals Board That the Decision Is Wrong?

You are allowed to send a written argument (a "brief") to the Appeals Board to explain why you think the Judge's decision was wrong. If you decide to submit a written argument, you will also need to see the transcript of the hearing since the Appeals Board decides solely on the evidence presented at the hearing.

You must request a copy of the transcript as well as the opportunity to submit a brief at the time you request the appeal.

When you receive the Judge's decision, there will be two sections which are very important.  The first section is the "Findings of Fact," and the second section is called "Conclusions" (based on those facts).

When you write your brief to the Appeals Board, you should refer to each Finding of Fact that you disagree with by the number the Judge assigned to it and you must briefly explain why you disagree with it.  Also, you should refer to the appropriate page in the transcript where there is testimony on that fact which will show that the Judge made the wrong finding.

For example, if you were denied unemployment benefits because the Judge says you quit without good cause, the Judge may enter a Finding of Fact something like this:

"(2) She [you] did not discuss her problems with the employer before quitting the job."
If you did discuss the problems with your employer and you said this at the hearing, you should point that out and cite to the transcript.  "Citing to the transcript" means pointing out to the Appeals Board the page number where you mentioned discussing the problems with your employer.  You might write something like this:
"The Referee's Finding of Fact #2 is wrong.  I did try to talk to my employer. See Tr. 12-13." (This means the evidence you gave at the hearing appears on pages 12 and 13 of the transcript.)

After you have explained why you disagree with the Judge's Findings of Fact, you should explain why you think the Judge's conclusions are wrong.

An Important Point:

You will be given a deadline for submitting your argument.  When you receive your package of materials, including the transcript, make sure the Employment Appeals Board has included the deadline.  If they have not, call them.  If the Employment Appeals Board does not receive your arguments by the deadline date, they will merely review the hearing record to make their decision and will not know what your claims are.  Make sure you get everything in on time!  Good Luck! Unemployment.5.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.

THIS PAMPHLET IS A GENERAL STATEMENT OF LAW AND PROCEDURE AND NOT ASUBSTITUTE FOR SPECIFIC LEGAL ADVICE.  IT MAY GIVE YOU SOME IDEA OF YOUR RIGHTS, BUT THE LAW IS ALWAYS CHANGING THROUGH ACTIONS OF THE COURTS
AND LEGISLATURE.

               So when a problem arises . . . SEE A LAWYER!

Don't know a lawyer?  Contact the OREGON STATE BAR REFERRAL SERVICE (Toll Free Number: 1-800-452-7636). 

Can't afford a lawyer?  If you live in Lane County, contact Lane County Legal Aid and Advocacy Center, 376 East 11th Avenue, Eugene, Oregon 97401 (541-485-1017).  In other Oregon counties, check the telephone yellow pages under the heading "attorneys" for the Legal Aid or Legal Services office closest to your city.

We do not accept applications by e-mail.  For assistance, please contact our office in person or by phone.

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