[OR] [OR] How do I appeal an unemployment decision?
Here’s what to expect and how to prepare in Oregon. Your hearing will be before an Administrative Law Judge (often by phone). Because you quit, you must prove “good cause”—a serious situation that would compel a reasonable person to leave, and that you had no reasonable alternatives. The decision suggests they think you had other options, so focus on that (OAR 471-030-0038). Hearings are often scheduled 2–6 months after filing; decisions typically arrive about two weeks after. Organize your audio/transcripts; highlight exact moments that contradict your employer’s claims. Written transcripts help (ORS 183.450).
Label documents as exhibits (“Exhibit 1,” “Exhibit 2,” etc.) and send copies to both the judge and your employer before the hearing. If you have witnesses who can confirm the workload or lack of alternatives, consider phone testimony. Prepare clear testimony: explain the severity of the workload and why alternatives weren’t realistic. The judge will explain the process, take testimony, ask questions, then allow closing statements. The session is recorded.
0
Full Conversation
I need some legal information regarding unemployment appeal processing—what I need to prepare for and what documents will help my case in Oregon.
Lexi, Chatbot
Have you already filed an appeal with the Oregon Employment Department?
Yes.
Lexi, Chatbot
What are the reasons for your appeal and what documentation do you have?
The adjudicator decided I quit because the workload was too physically demanding. They called it a “grave situation,” but said I didn’t pursue reasonable alternatives before quitting.
Lexi, Chatbot
Anything else the employment lawyer should know?
No.
Jon
Thanks for reaching out—happy to help. You need to know what documents to use for an unemployment appeal in Oregon?
I need to know what I can do and what they’ll need. I have a lot of evidence—audio recordings and transcripts that directly disprove my employer’s claims and fabrications.
Jon
When was the decision on the original application?
It’s been a long time. I’ve been claiming for over 12 weeks now. My denial was July 25.
Jon
Understood. Anything else to add before I draft my answer?
Do you need any of my evidence to review? I’m still organizing it. I can share a Google Drive link if needed. I’m running out of funds and haven’t found a job yet.
Jon
We don’t provide case reviews. I’ll type a complete response.
Not a problem—thank you.
Jon
Here’s what to expect and how to prepare in Oregon. Your hearing will be before an Administrative Law Judge (often by phone). Because you quit, you must prove “good cause”—a serious situation that would compel a reasonable person to leave, and that you had no reasonable alternatives. The decision suggests they think you had other options, so focus on that (OAR 471-030-0038). Hearings are often scheduled 2–6 months after filing; decisions typically arrive about two weeks after. Organize your audio/transcripts; highlight exact moments that contradict your employer’s claims. Written transcripts help (ORS 183.450).
Label documents as exhibits (“Exhibit 1,” “Exhibit 2,” etc.) and send copies to both the judge and your employer before the hearing. If you have witnesses who can confirm the workload or lack of alternatives, consider phone testimony. Prepare clear testimony: explain the severity of the workload and why alternatives weren’t realistic. The judge will explain the process, take testimony, ask questions, then allow closing statements. The session is recorded.
Should I make a timeline? I don’t have recordings of every day, but I have them going back to January—like my supervisor telling me I could take a break only when I “caught up.” My only alternatives were: stay in a two-man job alone, step down to the lowest pay tier, or resign. I’d taken a pay cut to accept the outside driver role because I was told it would be a two-driver position. Later I found out I was locked into the role for a year and couldn’t leave.
Jon
A timeline is an excellent idea. Start with the pay cut and the representation that it was a two-person job. Then document the physical demands of doing it alone, using your recordings/transcripts (e.g., January “take a break when you catch up” comment). Finally, show why the “alternatives” weren’t real options—staying in an unsafe, unsustainable role or taking a significant pay cut.
I wasn’t offered my prior position back. They said there was no opening and I’d have to take the lowest tier. I’m going to start working on the timeline.
Jon
Not being offered your old position strengthens your case. Include that you asked to return to forklift operator and were told no. That shows you pursued alternatives and were left with only unreasonable choices.
I’m trying to keep transcripts short—we’ll be on a time limit. I had an hour-long meeting with the superintendent; he said the person before me wasn’t getting breaks—that’s why he wanted to leave.
Jon
Create a brief “Key Excerpts” exhibit with the most impactful quotes and timestamps (e.g., superintendent admitting prior worker also missed breaks). The judge can find the exact moments if needed.
Should I trim the audio into short clips? When do I send them? I got a letter saying my appeal was submitted and to call if I don’t hear back in six weeks. Also—can I pursue damages for financial harm from the delay and my employer?
Jon
Yes—trim audio into short, targeted clips. Wait for your Notice of Hearing; it will list the date/time and instructions for submitting evidence to both the judge and your former employer. Send clips plus a written summary with the exact quotes and timestamps. As for damages: the UI appeal process decides benefits eligibility; it doesn’t award damages. Separate civil claims would be outside the UI hearing.
The denial literally says: “When you quit work because the workload was too physically demanding for you. This was a grave situation, but you did not pursue available reasonable alternatives prior to quitting.” How can it be “grave” and not acceptable for unemployment?
Jon
They’re conceding severity but denying because they think you had reasonable alternatives. Your case should show those alternatives weren’t reasonable or available (pay cut to lowest tier, no return to prior role, unsafe workload in a two-person job handled alone).
I made PowerPoint presentations breaking down how long each task takes to prove it’s too much for one person. I don’t know how the adjudicator ignored it.
Jon
Include a concise summary exhibit from your PowerPoint (one-page overview plus detailed backup), focusing on task times vs. shift length and safety constraints.
I just want to make sure my case is strong. My employer fabricated stuff in my personnel file—said I was argumentative and condescending in an HR meeting. That’s false; I have the full audio.
Jon
Include a short transcript excerpt and timestamped audio clip from that HR meeting to rebut those assertions.
13
3
Answered 1 week ago
Disclaimer
By messaging AskaLawyer.com, you agree to our Terms and have read our Privacy Policy.
The information provided on AskaLawyer.com is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and timeliness of the information presented, we make no guarantees regarding its completeness or applicability to your specific circumstances.
Use of this website does not create an attorney-client relationship between you and AskaLawyer.com or any of its attorneys. Communications through this website, including any responses from attorneys, are not privileged or confidential. For advice tailored to your individual situation, we recommend consulting a licensed attorney in your jurisdiction.
AskaLawyer.com disclaims any liability for actions taken or not taken based on the content of this site. We are not responsible for any third-party content that may be accessed through this website. Reliance on any information provided herein is solely at your own risk.