Did I make a mistake on filing my unemployment claim? (collect, file)

[mityam]

I live in Oregon.
I quit my job of 10+ yrs due to extreme stress. Dr. and Therapist said was a toxic place for me to work and I should quit to eliminate the issues it was causing with my health.
I got a new job not long after that, little better pay, but was let go 1 1/2 months later because former employee came back and owners wanted to rehire that person due to their knowledge of the company and will be able to get the job done faster

I am going to file an unemployment claim for the first time:

1. Should I have filed a claim with my last company? I'm sure they would have fought it since I quit. (For future reference)

2. When I do file does this go against the newest employer or back on my former employer?

3. If this is against my new employer do I have a better chance of getting unemployment since I did nothing wrong to lose my job?

4. If this goes back on my previous employer can they still fight me on getting it since I originally quit?


Thank any and all for your help!

[kaceyellis]

Originally Posted by mityam

I live in Oregon.
I quit my job of 10+ yrs due to extreme stress. Dr. and Therapist said was a toxic place for me to work and I should quit to eliminate the issues it was causing with my health.
I got a new job not long after that, little better pay, but was let go 1 1/2 months later because former employee came back and owners wanted to rehire that person due to their knowledge of the company and will be able to get the job done faster

I am going to file an unemployment claim for the first time:

1. Should I have filed a claim with my last company? I'm sure they would have fought it since I quit. (For future reference)

2. When I do file does this go against the newest employer or back on my former employer?

3. If this is against my new employer do I have a better chance of getting unemployment since I did nothing wrong to lose my job?

4. If this goes back on my previous employer can they still fight me on getting it since I originally quit?


Thank any and all for your help!

Ok .... Im not an expert - I am also in Oregon and have been going through 'issues' since Dec with my son. We are on appeal number 3 now... so I know a little bit about Oregon UI. But there are others who are more knowledgeable with UI law in general and will be able to definitively answer your questions.. but Ill give it a shot so you arent just left hanging with no one replying.

First of all... Unless you have made at least 4 times your Weekly Benefit Amount (WBA) at the employer who you were at for a month and a half.. then Im pretty sure its going to go on the previous employer (which you quit).
Quitting is generally disqualifying - except in certain circumstances:

"If you quit your job, you won't be eligible for unemployment benefits unless you had good cause for quitting. In general, the good cause requirement will be satisfied if the average person in your situation would have had no other choice but to leave the position. For example, if your working conditions posed a threat to your health and safety and your employer refused to do anything about it, this would likely qualify as good cause. On the other hand, quitting because you weren’t happy with the pay would not qualify as good cause. " (NOLO)

https://www.oregon.gov/employ/Unempl...-Benefits.aspx
Click on Denial of Benefits.

If it is denied, you can appeal and ask for a hearing.

Just a tip - no matter what it says in the handbook... If UI calls DO NOT ANSWER THE PHONE. I cant stress this enough. TRUST ME... particularly here in Oregon - the ONLY reason they are calling is to find as many reasons for denying you Unemployment as they can.

Even the most UI savvy person will slip up on the phone and say something that will mess them up.

Let them make their determination - and then you appeal.

Just to keep in mind: Unemployment is NOT your friend. They are NOT your confidant, shoulder to cry on, Helper. They dont care what 'your story' is... theyve heard it all. Their SOLE purpose is to find a reason to deny you benefits. YOUR only purpose is to make sure you dont say anything at all that they can use.

Once you have made 4 times your WBA at a subsequent employer, (or enough time has passed) the denial wouldnt be on the employer you quit, but rather the one you were let go from.

Im just wondering if you are able to file under the PUA - if they deny you benefits under the 1st employer. One of the more experienced posters will chime in and let you know

Hang in there.. but whatever you do.. do NOT talk to UI -do NOT write them and give them your 'story' - just apply and list both employers. Be honest - that you quit the one and were laid off from the other. If the application asks you why you were laid off... you dont know. If it asks why you quit... your doctor told you to for your health. Thats all.. nothing more.

[mityam]

Hi Kaceyellis, thank you so much for replying. I was getting scared that no one would see my post and answer my questions.
I found the benefit calculator and it says $514 a week. I wasn't sure if I added correctly so I found 2 maximum benefit amounts ($538 & $590) and times both by 4X. the $590 X 4 is $2360. I made over $3000 at the 2nd employer.

Does this mean that when I file I put both employers down, like you mentioned, and because I was let go from my 2nd employer I should have no problem getting UI. I had read that if it not misconduct I will be allowed to collect benefits? So they won't look at my quitting the 1st employer, they will only base my getting benefits on the 2nd employer?

(I'm just wondering if you are able to file under the PUA - if they deny you benefits under the 1st employer. One of the more experienced posters will chime in and let you know)
I'm not sure what PUA is or what you meant here about "under the 1st employer"? Is that if I didn't earn the 4 X under 2nd employer?

Just out of curiosity should I have filed when I quit my first employer, even though I did quit? It was health related for myself, and, caring, or should I say not being able to care for a family member that made the stress even that much worse.

You mentioned more knowledgeable people on this board. How does a person contact or draw their attention to this post to make sure I've covered all my bases? I trust what your telling me just additional input would be so greatly appreciated!

THANK YOU again for answering me!

[kaceyellis]

Originally Posted by mityam

Hi Kaceyellis, thank you so much for replying. I was getting scared that no one would see my post and answer my questions.
I found the benefit calculator and it says $514 a week. I wasn't sure if I added correctly so I found 2 maximum benefit amounts ($538 & $590) and times both by 4X. the $590 X 4 is $2360. I made over $3000 at the 2nd employer.

Does this mean that when I file I put both employers down, like you mentioned, and because I was let go from my 2nd employer I should have no problem getting UI. I had read that if it not misconduct I will be allowed to collect benefits? So they won't look at my quitting the 1st employer, they will only base my getting benefits on the 2nd employer?

(I'm just wondering if you are able to file under the PUA - if they deny you benefits under the 1st employer. One of the more experienced posters will chime in and let you know)
I'm not sure what PUA is or what you meant here about "under the 1st employer"? Is that if I didn't earn the 4 X under 2nd employer?

Just out of curiosity should I have filed when I quit my first employer, even though I did quit? It was health related for myself, and, caring, or should I say not being able to care for a family member that made the stress even that much worse.

You mentioned more knowledgeable people on this board. How does a person contact or draw their attention to this post to make sure I've covered all my bases? I trust what your telling me just additional input would be so greatly appreciated!

THANK YOU again for answering me!

Hi there
Ok.. I think you will be good with the second employer
I cant remember exactly what the questions are re employers as Ive only had one in the last 20+ years - if they ask about your latest employment - then just put that.. but if its one of those 'list all employers in the last 5 years' type thing... then list both.

The issue I think will be finding your base period... because its based off the last year - something like 4 of your highest quarters of earnings (which would be your first employer) and it might be they go off that BUT since you made more than 4 times your WBA on the last employer - you might be ok. I honestly am not sure.
Best to just apply - answer all questions they ask for.. and see what happens (oh yes and cross your fingers lol)

No you didnt need to file when you quit first employer - as it would have brought up a huge can of worms trying to prove you NEEDED to quit.

The more knowledgeable people will chime in if anything I told you needs clarification or what Im telling you is incorrect

PUA is the pandemic unemployment something - its generally for 'self employed' etc but is ALSO for those who dont qualify for 'regular' unemployment benefits. I was wondering if because of the 'quit' you should apply under the PUA but I think you should be claiming under the regular Unemployment benefits.

Just remember when you apply to also register for the IMatch job program (even though you dont have to job search currently). Read each claim week question carefully - because theres one where your inclination would be to answer 'no' (or 'yes') but its actually the opposite that you need to answer.

Kacey

[scraprsmith]

Originally Posted by kaceyellis

First of all... Unless you have made at least 4 times your Weekly Benefit Amount (WBA) at the employer who you were at for a month and a half.. then Im pretty sure its going to go on the previous employer (which you quit).
Quitting is generally disqualifying - except in certain circumstances:

In addition to earning at least 4x your WBA Oregon to requalify for UI benefits after the quit Oregon also has a reduction of benefits 8x WBA (weekly benefit amount) for voluntary quits.

[scraprsmith]

Originally Posted by mityam

I live in Oregon.

I got a new job not long after that, little better pay, but was let go 1 1/2 months later because former employee came back and owners wanted to rehire that person due to their knowledge of the company and will be able to get the job done faster



1. Should I have filed a claim with my last company? I'm sure they would have fought it since I quit. (For future reference)

2. When I do file does this go against the newest employer or back on my former employer?

3. If this is against my new employer do I have a better chance of getting unemployment since I did nothing wrong to lose my job?

4. If this goes back on my previous employer can they still fight me on getting it since I originally quit?


Thank any and all for your help!

How long after you quit job did you start the new job? Oregon does have good cause to accept other work in their regulations but i'm not sure of the specific requirements are for Oregon related to the pay, hours, or type of work the individual quit to accept; when new work must begin;or other requirements related to either the new or old job. Information from Oregon statues regarding good cause for leaving for other employment

4) Good cause for voluntarily leaving work under ORS 657.176(2)(c) is such that a reasonable and prudent person of normal sensitivity, exercising ordinary common sense, would leave work. For an individual with a permanent or long-term "physical or mental impairment" (as defined at 29 CFR §1630.2(h)) good cause for voluntarily leaving work is such that a reasonable and prudent person with the characteristics and qualities of such individual, would leave work. Except as provided in OAR 471-030-0038(5)(g), for all individuals, the reason must be of such gravity that the individual has no reasonable alternative but to leave work.

(5) In applying section (4) of this rule:

(a) If an individual leaves work to accept an offer of other work good cause exists only if the offer is definite and the work is to begin in the shortest length of time as can be deemed reasonable under the individual circumstances. Furthermore, the offered work must reasonably be expected to continue, and must pay:

(A) An amount equal to or in excess of the weekly benefit amount; or

(B) An amount greater than the work left.

*******************************

when you file a new claim all employers in your base period come into play. Usually you are asked to list all employers in the last 18 months. If you were to file today for example your standard base period for earnings would be 1/1 - 12/31/19 and employers listed would be from 1/1/19 to current date (18 months work). All employer separations come into play when filing a new claim. And all employer separations will be adjudicated (investigated) by unemployment. List your earnings for quarters in 2019 and 2020 so we can figure out your tentative WBA and determine if the voluntary quit would be purged with your earnings made working the 1 1/2 months at last employer (list your earnings for recent employer). As I noted below even if you purge the voluntary quit and qualify with latest earnings Oregon also has a reduction of benefits equal to 8x WBA for voluntary quits without good cause.