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Unemployment Insurance Claim Statistics for Oklahoma 2013

Prepared by:  John E. Miley
        General Counsel
        Oklahoma Employment Security Commission

  1. Initial claims for unemployment benefits made to the Oklahoma Employment Security Commission (OESC) in 20131: 118,775

  2. Initial claims for UI benefits that were protested by the employer in 20132:       50,732
    1. Due to voluntary quit: 12,135
      Decisions to allow benefits (in favor of claimants): 1,424
      Decisions to deny benefits (in favor of employers): 10,711
       
      Percentages at Claims Adjudication3:
        Allowed Claims: 11.7%
        Disallowed Claims: 88.3%
       
      Due to discharge for misconduct: 38,597
      Decisions to allow benefits (in favor of claimants): 22,343
      Decisions to deny benefits (in favor of employers): 16,254
       
      Percentages at Claims Adjudication4:  
        Allowed Claims: 57.9%
        Disallowed Claims: 42.1%
       
  3. Appeals decided by the Appeal Tribunal for calendar year 2013:
     
      Total appeals: 12,535
      Total reversals: 3,747
      Reversal rate: 29.9%
             
     

    Percentages before the Appeal Tribunal5:

         
        Allowed Claims: 40.0%  
        Disallowed Claims:

    60.0%

     
             
  4. Appeals decided by the Board of Review for calendar year 20136:
     
      Total appeals: 1,536
      Total reversals: 36
      Total remands: 57
      Reverse or remand rate: 6.1%
         
     

    Percentages before the Board of Review:

     
        Allowed Claims: 35.5%  
        Disallowed Claims:

    64.5%

     

 

1An 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.

2At 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 the claim, a claims adjudicator will contact the claimant and employer. The adjudicator will 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.

3In 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.

4In discharge for misconduct cases, the decision is made pursuant to the governing statute at 40 O.S. Sec. 2-406 and the facts developed in the adjudication process.

5At 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.

6The 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 Claim Statistics for Oklahoma 2012

Prepared by:  John E. Miley
        General Counsel
        Oklahoma Employment Security Commission

I.  Initial claims for unemployment benefits made to the Oklahoma Employment Security Commission (OESC) in 2012 : 141,082  

II. Initial claims made to the OESC that were protested by the employer in 2012 :  72,920


A.   Due to voluntary quit:     28,138
  Decisions to allow benefits (in favor of claimants):     1,690
  Decisions to deny benefits (in favor of employers):    26,448

  Percentages at Claims Adjudication :
Allowed Claims: 6.0%
Disallowed Claims: 94.0%

  Due to discharge for misconduct:     44,782
  Decisions to allow benefits (in favor of claimants):    26,797
  Decisions to deny benefits (in favor of employers):   18,045

Percentages at Claims Adjudication :
Allowed Claims: 59.8%
Disallowed Claims: 40.2%

 

III. Appeals decided by the Appeal Tribunal for calendar year 2012:

Total appeals: 15,857
Total reversals:  4,797
Reversal rate: 30.3%


Percentages before the Appeal Tribunal :
Allowed Claims: 38.0%
Disallowed Claims: 62.0%

IV.   Appeals decided by the Board of Review for calendar year 2012 :

Total appeals:  1,843
Total reversals:  61
Total remands:  62
Reverse or remand rate:    6.7%

Percentages before the Board of Review:
Allowed Claims: 31.0%
Disallowed Claims: 69.0%

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 the claim, a claims adjudicator will contact the claimant and employer.  The adjudicator will 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 Claim Statistics for Oklahoma 2011

Prepared by:  John E. Miley
        General Counsel
        Oklahoma Employment Security Commission


  1. Initial claims for unemployment benefits made to the Oklahoma Employment Security Commission (OESC) in 20111: 170,802  


  2. Initial claims made to the OESC that were protested by the employer in 20112:  60,313

    1. Due to voluntary quit:     15,401  
      Decisions to allow benefits (in favor of claimants):
      Decisions to deny benefits (in favor of employers):
      1,897
      13,504

      Percentages at Claims Adjudication3:

      Allowed Claims       12.3%
      Disallowed Claims   87.7%
       

    2. Due to discharge for misconduct:     44,912  

      Decisions to allow benefits (in favor of claimants):    27,108
      Decisions to deny benefits (in favor of employers):   17,804

      Percentages at Claims Adjudication4:

      Allowed Claims       60.4%
      Disallowed Claims   39.6%
       

  3. Appeals decided by the Appeal Tribunal for calendar year 2011:
    Total appeals:
    Total reversals:
    Reversal rate:
    16,373
    4,890
    29.9%
    Percentages before the Appeal Tribunal5:
    Allowed Claims:
    Disallowed Claims:
    38.3%
    61.7%
  4. Appeals decided by the Board of Review for calendar year 20116:
    Total appeals:
    Total reversals:
    Total remands:
    Reverse or remand rate:
     
    2,156
    51
    133
    8.5%
     
    Percentages before the Board of Review:
    Claimants:
    Employers:
    32.5%
    67.5%
     

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 the claim, a claims adjudicator will contact the claimant and employer.  The adjudicator will 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 Claim Statistics for Oklahoma 2010

Prepared by:  John E. Miley
        General Counsel
        Oklahoma Employment Security Commission

I.  Initial claims for unemployment benefits made to the Oklahoma Employment Security Commission (OESC) in 2010 : 199,495  

II. Initial claims made to the OESC that were protested by the employer in 2010 :         62,580


A.   Due to voluntary quit:     16,599
  Decisions to allow benefits (in favor of claimants):     2,610
  Decisions to deny benefits (in favor of employers):    13,989

  Winning percentages :
Claimants 15.7%
Employers 84.3%

  Due to discharge for misconduct:     45,981
  Decisions to allow benefits (in favor of claimants):    28,427
  Decisions to deny benefits (in favor of employers):   17,554

Winning percentages :
Claimants 61.8%
Employers 38.2%

 

III. Appeals filed with the Appeal Tribunal for calendar year 2010:

Total appeals: 19,819
Total reversals:  5,811
Reversal rate: 29.3%


Winning percentages before the Appeal Tribunal :
Claimants: 40.2%
Employers: 59.8%

IV.   Appeals filed with the Board of Review for calendar year 2010 :

Total appeals:  2,599
Total reversals:  32
Total remands:  277
Reverse or remand rate:    11.9%

Percentages before the Board of Review:
Claimants: 35%
Employers: 65%

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 the claim, a claims adjudicator will contact the claimant and employer.  The adjudicator will 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 Claim Statistics for Oklahoma 2009

.

I Initial claims for unemployment benefits made to the Oklahoma Employment Security Commission (OESC) in 20091:     241,143
   
II Initial claims made to the OESC that were protested by the employer in 20092:    69,477
  A Due to voluntary quit: 18,950  
    Decisions to allow benefits (in favor of claimants): 3,108  
    Decisions to deny benefits (in favor of employers): 15,842  
         
    Winning percentages3:    
      Claimants 16.4%      
      Employers 83.6%      
         
  B Due to discharge for misconduct: 50,577  
    Decisions to allow benefits (in favor of claimants): 32,078  
    Decisions to deny benefits (in favor of employers): 18,499  
         
    Winning percentages4:    
      Claimants 63.4%      
      Employers 36.6%      
         
III Appeals filed with the Appeal Tribunal for calendar year 2009:
  Total appeals: 16,815      
  Total reversals: 5,105      
  Reversal rate: 30.3%      
         
  Winning percentages before the Appeal Tribunal5:    
    Claimants 39.6%      
    Employers 60.4%      
         
IV Appeals filed with the Board of Review for calendar year 20096:
  Total appeals: 2,034      
  Total reversals: 25      
  Total remands: 213      
  Reversal rate: 11.7%      
         
  Winning percentages before the Board of Review:    
      Claimants 34%      
      Employers 66%      
         

 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 Claim Statistics for Oklahoma 2008

 

I Initial claims for unemployment benefits made to the Oklahoma Employment Security Commission (OESC) in 20081:     103,410
   
II Initial claims made to the OESC that were protested by the employer in 20082:
  A Due to voluntary quit: 12,833  
    Decisions to allow benefits (in favor of claimants): 2,071  
    Decisions to deny benefits (in favor of employers): 10,762  
         
    Winning percentages3:    
      Claimants 16.1%      
      Employers 83.9%      
         
  B Due to discharge for misconduct: 34,336  
    Decisions to allow benefits (in favor of claimants): 22,289  
    Decisions to deny benefits (in favor of employers): 12,047  
         
    Winning percentages4:    
      Claimants 64.9%      
      Employers 35.1%      
         
III Appeals filed with the Appeal Tribunal for calendar year 2008:
  Total appeals: 10,570      
  Total reversals: 3,192      
  Reversal rate: 30.2%      
         
  Winning percentages before the Appeal Tribunal5:    
    Claimants 38.4%      
    Employers 61.6%      
         
IV Appeals filed with the Board of Review for calendar year 20086:
  Total appeals: 1,537      
  Total reversals: 11      
  Total remands: 185      
  Reversal rate: 12.8%      
         
  Winning percentages before the Board of Review:    
      Claimants 32%      
      Employers 68%      
         

 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 Claim Statistics for Oklahoma 2007

 

I Initial claims for unemployment benefits made to the Oklahoma Employment Security Commission (OESC) in 2007 1:     112,153
   
II Initial claims made to the OESC that were protested by the employer in 2007 2:
  A Due to voluntary quit: 11,496  
    Decisions to allow benefits (in favor of claimants): 1,761  
    Decisions to deny benefits (in favor of employers): 9,735  
         
    Winning percentages 3:    
      Claimants 15.3%      
      Employers 84.7%      
         
  B Due to discharge for misconduct: 30,292  
    Decisions to allow benefits (in favor of claimants): 19,283  
    Decisions to deny benefits (in favor of employers): 11,009  
         
    Winning percentages 4:    
      Claimants 63.7%      
      Employers 36.3%      
         
III Appeals filed with the Appeal Tribunal for calendar year 2007:
  Total appeals: 9,645      
  Total reversals: 2,830      
  Reversal rate: 29.3%      
         
  Winning percentages before the Appeal Tribunal 5:    
    Claimants 40.2%      
    Employers 59.8%      
         
IV Appeals filed with the Board of Review for calendar year 2007 6:
  Total appeals: 1,342      
  Total reversals: 22      
  Total remands: 111      
  Reversal rate: 9.9%      
         
  Winning percentages before the Board of Review:    
      Claimants 35.8%      
      Employers 64.2%      
         

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

1990 166,497   $ 101,704,000
1991 161,637   $ 124,487,000
1992 114,982   $ 141,408,000
1993 136,702   $ 116,107,000
1994 109,799   $ 106,850,000
1995 117,569   $ 101,179,000
1996 119,602   $ 99,400,000
1997 98,845   $ 83,844,000
1998 103,274   $ 92,904,000
1999 98,357   $ 120,085,000
2000 98,053   $ 111,201,065
2001 146,208   $ 182,581,276
2002 154,590   $ 252,419,796
2003 169,116   $ 282,379,845
2004 145,103   $ 207,176,716
2005 122,125   $ 156,047,077
2006 101,595   $ 149,197,570
2007 112,153   $ 153,706,474
         

 

 

Unemployment Insurance Claim Statistics for Oklahoma 2006

 

I Initial claims for unemployment benefits made to the Oklahoma Employment Security Commission (OESC) in 2006 1:     101,595
   
II Initial claims made to the OESC that were protested by the employer in 2006 2:
  A Due to voluntary quit: 11,659  
    Decisions to allow benefits (in favor of claimants): 1,864  
    Decisions to deny benefits (in favor of employers): 9,795  
         
    Winning percentages 3:    
      Claimants 16%      
      Employers 84%      
         
  B Due to discharge for misconduct: 30,151  
    Decisions to allow benefits (in favor of claimants): 18,649  
    Decisions to deny benefits (in favor of employers): 11,502  
         
    Winning percentages 4:    
      Claimants 61.9%      
      Employers 38.1%      
         
III Appeals filed with the Appeal Tribunal for calendar year 2006 5:
  Total appeals: 10,358      
  Total reversals: 3,091      
  Reversal rate: 29.8%      
         
  Winning percentages before the Appeal Tribunal:    
    Claimants 40.8%      
    Employers 59.2%      
         
IV Appeals filed with the Board of Review for calendar year 2006 6:
  Total appeals: 1,581      
  Total reversals: 23      
  Total remands: 166      
  Reversal rate: 12%      
         
  Winning percentages before the Board of Review:    
      Claimants 40.5%      
      Employers 59.5%      
         

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.

 

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