1 An initial claim for unemployment benefits is made by the claimant submitting information about the claimant’s separation from employment through the OESC Internet claims process or by telephone to a claims taker in the OESC call center. 

 2 At the time the initial claim is filed, a notice of the claim is sent to the claimant’s last employer of 15 days or more.  If the employer protests, a claims adjudicator will contact the claimant and employer separately to obtain additional information about the claim and protest.  The adjudicator will then make a written determination based on the information received.  The determination will be mailed to both parties with appeal rights set out in the document.

 3 In voluntary quit cases, many employers receive signed resignation letters from claimants or have separation procedures in place that prove conclusively that the claimant intended to quit the employment.

 4 In discharge for misconduct cases, the standard is set out in the case of Vester v. Board of Review, 1985 OK 21, 697 P.2d 533, where it is stated that misconduct sufficient to deny unemployment benefits is limited, “to conduct evincing such willful or wanton disregard of an employer’s interests as is found in deliberate violations or disregard of standards of behavior which the employer has the right to expect of his employee, or in carelessness or negligence in such degree or recurrence as to manifest equal culpability, wrongful intent or evil design, or to show an intentional and substantial disregard of the employer’s interests or of the employee’s duties and obligations to his employer.  On the other hand mere inefficiency, inadvertencies or ordinary negligence in isolated instances, or good faith errors in judgment or discretion are not to be deemed ‘misconduct’ within the meaning of the statute.”

 5 At this level of the administrative process, the parties participate in a hearing conducted by an OESC hearing officer.  All parties appear before the hearing officer at the same time.  An audio recording is made of each hearing.  Each side is allowed to present witnesses and documentary evidence in support of his or her case, and to cross-examine the witnesses of the opposing party.  At this level, parties sometimes bring new, more extensive evidence than what was presented to the claims adjudicator for the original claim, protest and determination. 

 6 The Board of Review is a separate governmental entity from the OESC.  It is made up of three members appointed by the Governor for six-year terms.  The members are not employees of the OESC.  The function of the Board of Review is to review unemployment claim appeals from the OESC Appeal Tribunal.  The appeal to the Board is on the record only.  The members review all documentary evidence submitted below and listen to the audio recording of the hearing.  Rulings are made by a majority vote of the Board members.  Determinations are made in writing and mailed to each party.  Appeal can be made to the District Court in the county where the claimant lives, then to the Supreme Court of Oklahoma.

¹ An initial claim for unemployment benefits is made by the claimant submitting information about the claimant’s separation from employment through the OESC Internet claims process or by telephone to a claims taker in the OESC call center. 

² At the time the initial claim is filed, a notice of the claim is sent to the claimant’s last employer of 15 days or more.  If the employer protests, a claims adjudicator will contact the claimant and employer separately to obtain additional information about the claim and protest.  The adjudicator will then make a written determination based on the information received.  The determination will be mailed to both parties with appeal rights set out in the document.

³ In voluntary quit cases, many employers receive signed resignation letters from claimants or have separation procedures in place that prove conclusively that the claimant intended to quit the employment.

⁴ In discharge for misconduct cases, the standard is set out in the case of Vester v. Board of Review, 1985 OK 21, 697 P.2d 533, where it is stated that misconduct sufficient to deny unemployment benefits is limited, “to conduct evincing such willful or wanton disregard of an employer’s interests as is found in deliberate violations or disregard of standards of behavior which the employer has the right to expect of his employee, or in carelessness or negligence in such degree or recurrence as to manifest equal culpability, wrongful intent or evil design, or to show an intentional and substantial disregard of the employer’s interests or of the employee’s duties and obligations to his employer.  On the other hand mere inefficiency, inadvertencies or ordinary negligence in isolated instances, or good faith errors in judgment or discretion are not to be deemed ‘misconduct’ within the meaning of the statute.”

⁵ At this level of the administrative process, the parties participate in a hearing conducted by an OESC hearing officer.  All parties appear before the hearing officer at the same time.  An audio recording is made of each hearing.  Each side is allowed to present witnesses and documentary evidence in support of his or her case, and to cross-examine the witnesses of the opposing party.  At this level, parties sometimes bring new, more extensive evidence than what was presented to the claims adjudicator for the original claim, protest and determination. 

 ⁶ The Board of Review is a separate governmental entity from the OESC.  It is made up of three members appointed by the Governor for six-year terms.  The members are not employees of the OESC.  The function of the Board of Review is to review unemployment claim appeals from the OESC Appeal Tribunal.  The appeal to the Board is on the record only.  The members review all documentary evidence submitted below and listen to the audio recording of the hearing.  Rulings are made by a majority vote of the Board members.  Determinations are made in writing and mailed to each party.  Appeal can be made to the District Court in the county where the claimant lives, then to the Supreme Court of Oklahoma.

Unemployment Insurance Benefit Claims and Payments

¹ An initial claim for unemployment benefits is made by the claimant submitting information about the claimant’s separation from employment through the OESC Internet claims process or by telephone to a claims taker in the OESC call center. 

² At the time the initial claim is filed, a notice of the claim is sent to the claimant’s last employer of 15 days or more.  If the employer protests, a claims adjudicator will contact the claimant and employer separately to obtain additional information about the claim and protest.  The adjudicator will then make a written determination based on the information received.  The determination will be mailed to both parties with appeal rights set out in the document.

³ In voluntary quit cases, many employers receive signed resignation letters from claimants or have separation procedures in place that prove conclusively that the claimant intended to quit the employment.

⁴ In discharge for misconduct cases, the standard is set out in the case of Vester v. Board of Review, 1985 OK 21, 697 P.2d 533, where it is stated that misconduct sufficient to deny unemployment benefits is limited, “to conduct evincing such willful or wanton disregard of an employer’s interests as is found in deliberate violations or disregard of standards of behavior which the employer has the right to expect of his employee, or in carelessness or negligence in such degree or recurrence as to manifest equal culpability, wrongful intent or evil design, or to show an intentional and substantial disregard of the employer’s interests or of the employee’s duties and obligations to his employer.  On the other hand mere inefficiency, inadvertencies or ordinary negligence in isolated instances, or good faith errors in judgment or discretion are not to be deemed ‘misconduct’ within the meaning of the statute.”

⁵ At this level of the administrative process, the parties participate in a hearing conducted by an OESC hearing officer.  All parties appear before the hearing officer at the same time.  An audio recording is made of each hearing.  Each side is allowed to present witnesses and documentary evidence in support of his or her case, and to cross-examine the witnesses of the opposing party.  At this level, parties sometimes bring new, more extensive evidence than what was presented to the claims adjudicator for the original claim, protest and determination. 

 ⁶ The Board of Review is a separate governmental entity from the OESC.  It is made up of three members appointed by the Governor for six-year terms.  The members are not employees of the OESC.  The function of the Board of Review is to review unemployment claim appeals from the OESC Appeal Tribunal.  The appeal to the Board is on the record only.  The members review all documentary evidence submitted below and listen to the audio recording of the hearing.  Rulings are made by a majority vote of the Board members.  Determinations are made in writing and mailed to each party.  Appeal can be made to the District Court in the county where the claimant lives, then to the Supreme Court of Oklahoma.