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DON’T F I LE FORUNEMPLOYMENT

Until you Read

The Five Biggest BlundersThat Can Break Your Oklahoma Unemployment Case

By: Earl D. Lawson, Esq. Attorney for Unemployment ExpertsTelephone: (918) 923-3776

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INTRODUCTIONDear Out-of-Work Friend,

You hold in your hands the key to potentially thousands of dollars in income. This income is a benefit you earned while working hard to make your employer’s business succeed.

But be warned. This key has an expiration date. If you fail to act within required time limits, you could lose ALL of your unemployment benefits.

I don’t want that to happen. That’s why I prepared this brief guide explaining the top five mistakes that wreck working people’s unemployment applications.

My job is to be sure you get the benefits you earned. I trained for it, I studied the rules, I know unemployment law and I practice it on a regular basis. I have made it my mission to help people get the unemployment benefits they deserve.

Your unemployment income can tide you over while you find rewarding work suitable for your education and experience. It helps you, your family and your community.

Don’t be fooled into thinking unemployment is “the dole” or “welfare” or a “handout.” Don’t even consider it a “hand up.” Unemployment is an insurance claim. The people I have represented who are honest and out of work almost always have a valid claim. My job is to prove it.

Much more often, I have found employers trying to invalidate claims. They might be less than fully honest with hearing officers. They might even try to gaslight you into believing you do not deserve the benefit… that you were in the wrong.

The gaslighting and shaming can start long before an employer kicks you out the door. It can continue into unemployment proceedings where your benefits will be decided based on who says what in sworn testimony during a strictly moderated telephone call.

Reading this booklet will not prepare you to handle your own unemployment benefits appeal. My hope is you will recognize the value of retaining legal counsel when your former employer says you don’t deserve the benefits you worked for. This booklet will prepare you to work with your attorney as a dauntless team.

I cannot emphasize too much how urgent it is that you act soon and follow the

guidance I offer in this booklet. You have a very brief opportunity to move your claim forward after being terminated from a job.

The benefits are yours, but you must claim them. That is why I refer to people seeking unemployment as the “Claimant” throughout this book. I want to help you claim what is yours.

Whether you reinvent yourself to pursue a new career or pick up the same line of work you know best, unemployment benefits are a bridge that can get you there. I want to help you successfully cross that bridge into a more promising future.

I urge you to carefully read these five top mistakes. Avoid them at all cost. Then call or email me as soon as possible so I can help you claim the income you earned.

For your future,Earl D. Lawson, Esq.

(918) 923-3776

https://oklahoma.unemployment.expert

Email: firm@oklahoma.unemployment.expert

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TABLE OF CONTENTS

Introduction ..................................................................................................................I

Missing the Appeal Deadline ..................................................................................1

Failure to Correctly State Your Case ..................................................................3

Unemployment Definitions ....................................................................................6

Not Reporting Your Weekly Job Search ...........................................................7

Believing Your Former Employer .........................................................................9

Failure to Retain Experienced Legal Counsel ................................................12

Next Steps

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MISSING THE APPEAL DEADLINE

UNEMPLOYMENTBLUNDER # 1

The most common mistake I see people make when they try to claim unemployment benefits is likely the hardest to recover from. They simply fail to file a timely appeal when they receive a denial letter from the

Oklahoma Employment Security Commission (OESC).

To get benefits after initially being denied unemployment payments, a reply must be filed within a 10-day deadline after the OESC hands down a decision from their offices in Oklahoma City. The OESC takes this timely response rule very seriously. They strictly enforce their 10-day deadline.

First, let’s look at the 10-day deadline and how it is computed. The OESC starts its countdown from the day they mail their denial letter from their office – not from the time you receive it.

So, if you have a very slow postal carrier in your neighborhood or if your mail gets lost for a couple of days, you could be looking at only two or three days to respond. Even if you only have two days to respond, do not think that a postmark within the deadline will save you from an “untimely” response to your denial letter. Quite often it will not.

Secondly, don’t be fooled into thinking that the OESC counts their 10 days the same as most businesses you encounter. Remember, this is a government entity. They just have to make it different than your standard business. It’s even different than many other government agencies.

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Most businesses count their days in terms of BUSINESS days. In other words, most businesses would subtract weekends from the computation. The OESC computes its days in CALENDAR days. In other words, the OESC includes weekends when it counts the days in its 10-day deadline. Take the term “calendar days” very seriously because the OESC does.

The reason I say it is the hardest mistake to recover from is the fact the OESC takes it so very seriously. When it comes to your telephone hearing, the hearing officer will allow a Claimant an opportunity to defend their reason for not returning the appeal by the deadline. I have defended this situation in the past and I have defended it well. Yet, there are times that the hearing officer will not even listen to your case against the employer until you first win an appeal on the untimely response.

Most lay persons have no idea what the OESC is looking for when they ask questions about the untimely appeal. Yet an unemployment attorney who has experience in defending these kinds of cases does know what the hearing officer is looking for in an answer.

Having had to defend untimely reply cases, I know how difficult winning can be in those proceedings. The best thing to do is to reply as soon as you get your initial decision letter from the OESC and avoid getting turned down on a technicality before your case even starts.

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UNEMPLOYMENTBLUNDER # 2

The second fatal mistake that can kill your application for unemployment benefits from the Oklahoma Employment Security Commission, (OESC) is almost always fatal to a claim. Although it

is not as critical as failing to file a timely appeal, it can stop your appeal dead in its tracks.

You must tell the unemployment office why you were separated from your job. Failure to state your case clearly and succinctly when you initially apply for unemployment benefits can cost you all your benefits. That can be up to 28 weeks of income.

A Claimant must grasp the fact that everything said to the intake secretary at the OESC during the initial phone call can become part of your case. The intake staff handles hundreds of calls every day. In each call, they must record the Claimant’s information as fast as they can so the hearing officer can have a clear picture of what the Claimant is alleging the employer did that entitles the Claimant to benefits.

FAILURE TO CORRECTLY STATE YOUR CASE

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Cornerstone Principle: Other than technical reasons such as deadlines, the only reason your unemployment benefits can be denied is if you were fired for misconduct or quit for no good cause.

This brings us to an important cornerstone principle of unemployment benefits. The only reason the OESC can deny your claim is if you voluntarily quit for no good cause (a nuance few people understand) or for misconduct.

If you have doubts about what is “good cause” or whether your inability to suddenly make twice as many widgets per day was misconduct, call me. In most cases I review, what employers call misconduct is not what the OESC sees as misconduct.

A Claimant must be able to articulate in clear and correct terms why they deserve benefits. If the Claimant is laid off due to the employer cutting back their workforce, then the Claimant needs to tell the intake secretary that they were laid-off – not that they were fired.

A person claiming unemployment benefits should avoid the word “fired” at every turn. The correct words are “I was terminated” or “I was let go.” Those words could mean several different things. The word terminate suggests that the employee was let go for a reason other than the employee’s misconduct. Even if the employer said “You’re fired” the employer might not know what that means. They might say you were fired to discourage you from claiming benefits you earned and you deserve.

The Claimant must also remember that, if you need to appeal your claim and you hire an attorney to represent you (which I highly recommend), the words you use in your initial claim are the words your attorney must work with. Don’t make your attorney defend your words as well as whatever actions the employer is accusing you of.

When I interview applicants who have been turned down for benefits, one of the main reasons I learn they were denied unemployment benefits is lack of clarity in stating the reason their employer decided to let them go. The applicant often reports from a point of personal feelings and not the actual reason for dismissal.

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Let me give you an example of what I mean: When the intake person asks the Claimant why he finds himself without employment, I have heard that the claimant say, “I told the intake person just what a bad person the employer is and they fired me for no good reason.”

What is wrong with this statement?

The intake person has never met you or your employer. When they hear the applicant disparaging the employer, they might get the impression that you are not a nice person. They might think the employer in fact did have a good reason for firing you. You are not simply stating the reason you were terminated. You may be providing evidence against yourself even though you might not intend to.

Remember, the intake person has the responsibility of assigning your case to a hearing officer or immediately allowing your claim. Make your answer to the intake person coherent in the context of valid reasons to be separated from a job.

Here are some examples of valid reasons to be terminated:

“My employer said I missed work too much but I was sick and I was within the company policy for absenteeism.”

“I was sent to the ER for treatment and it was beyond my control”

“I came in dressed in casual clothes on what I thought was casual workday, because it has always been casual workday on Friday and it was Friday. I was never told that the policy had changed”.

The intake person does not want to hear what a terrible person your employer is.

They need to know what is relevant to the issue at hand.

I would be remiss to omit that a Claimant should never lie to or try to mislead the OESC in making a claim. Be assured that the OESC will eventually find out if the Claimant was been less than honest with them. From then on, everything the Claimant says might be called into question even though everything else you tell the hearing officer is the complete truth.

That is how I win most of my cases -- by exposing the employer for being less than honest in statements made to the intake secretary. Remember, the intake person has never met you before. It is important that you act like a person who is worthy of working for the employer.

You never have a second chance to make a first impression. Always treat your intake person with respect. Let the employer make the bad first impression. You will be miles ahead when the decision to give your benefits is made.

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UNEMPLOYMENT DEFINITIONS

“MISCONDUCT” JUSTIFYING TERMINATION IS:

“MISCONDUCT” JUSTIFYING TERMINATION IS NOT:

“GOOD CAUSE” TO QUIT IS:

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2Willful or wanton disregard of an employer’s interests

Deliberate violations or disregard of standards of behavior which the employer has the right to expect of his employee

Carelessness or negligence of such degree or recurrence as to manifest equal culpability, wrongful intent or evil design

Intentional and substantial disregard of the employer’s interests or of the employee’s duties and obligations to his employer

1 Mere inefficiency

2 Mere unsatisfactory conduct

3 Failure in good performance as the result of inability, incapacity or inadvertencies

4 Ordinary negligence in isolated instances

5 Good faith errors in judgment

Vester v. Board, 1985 OK 21.

....such cause as would similarly affect persons of reasonable and normal sensitivity, and is limited to those instances where the unemployment is caused by external pressures so compelling that a reasonably prudent person, exercising ordinary common sense and prudence, would be justified in quitting under similar circumstances

Uniroyal Goodrich Tire v. Employment Sec., 1996 OK CIV APP 7.

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NOT REPORTING YOUR WEEKLY JOB SEACH

UNEMPLOYMENTBLUNDER # 3

A core concept of unemployment benefits is that they are a bridge to tide you over until you find a new job. The OESC refuses to pay you for doing nothing but sitting at home playing the X-Box on your

couch. They simply refuse.

While unemployment benefits are a good supplement, they are not supposed to be a replacement for a regular paycheck. They are temporary benefit intended to support your work search effort.

Here is the good news. They will pay you for sitting on your couch most of the time. You do not have to spend 40 hours a week looking for work, but you do have to report at least a minimal work-search effort.

Cornerstone Principle: You must look for work, record your work search and report you work search while claiming unemployment benefits.

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The OESC requires that you contact at least two employers to seek employment each week while you are claiming unemployment benefits. These inquiries must be made even before you receive your decision from the OESC on your application for benefits.

Here is some more good news. If you get a job offer from an employer and you don’t like the position offered, you don’t have to take it. There is one small caveat to this good news, though. If an employer offers you a job in the field in which you are trained, with a salary in the range similar to your previous job, you must take that job or risk losing your benefits. Structure your job search with that in mind.

The main things to remember about collecting unemployment benefits are:

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Unemployment payments are benefits that you earned during your recent work life.

There are requirements associated with the benefits you are drawing. Read your award letters carefully. Pay particular attention to ALL the requirements listed in your application and award letter.

OESC does run spot-check audits on employer contacts just to make sure you are honestly reporting your inquiries for employment.

One thing I left out of the report above, because I wanted it to be the last thing you read and remember about this article. If the OESC catches you falsely reporting your job applications, and you were granted benefits, they can demand you repay all the benefits you have already received. They will get it one way or another so don’t cheat. It could be costly.

You can make more than two contacts in your weekly job search, but you cannot make fewer contacts without taking a chance of losing your benefits.

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BELIEVING YOUR FORMER EMPLOYER

UNEMPLOYMENTBLUNDER # 4

This mistake is easy to miss. It can be twice as bad as Blunder No. 2 where a Claimant fails to plainly state their case. If you make this mistake, you could actually be making your employer’s case against you.

You worked with an employer for several years and learned to trust them. When the employer says you were fired for misconduct, your instinct might be to believe the employer.

Sometimes, while a person is employed with a company, it might be easier to go along with the employer’s allegations that you were slow, unproductive or distracted from work. An employer might call that misconduct. That is their opinion. It is not a fact.

Remember: The central mantra to the unemployment benefits program is, “You cannot be denied for anything other than MISCONDUCT by the employee.”

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This fatal error can stop you from even trying to claim unemployment. The error occurs when the Claimant says to themselves, “My employer said I was terminated for misconduct so I cannot claim unemployment benefits.”

That’s just wrong. Your employer does not get to decide whether you can claim unemployment.

I have represented a lot of Claimants whose employer said they were terminated for one reason or another when, in fact, the employee was not guilty of any misconduct as defined by relevant case law. When an employer has stated that the Claimant is guilty of misconduct, just like in a court of law anywhere in the United States, the person is innocent until proven otherwise.

The Claimant is innocent of misconduct unless and until the employer proves by a preponderance of the evidence that the Claimant is actually guilty of MISCONDUCT.

Cornerstone Principle: An employer does not have the final say in whether you collect benefits or not.

The employer bears the burden of proof. You are presumed innocent. The employer must not only state a valid reason – they must prove it.

In other words, the employers must prove that it is more likely than not that the Claimant was terminated because of misconduct by the Claimant. Unless the employer can prove to the OESC that the employee was terminated for actual misconduct, the Claimant should receive benefits.

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In all my years of representing Claimants to the OESC, I have found very few employers who were fully forthcoming about all the relevant facts that the Commission needs to know.

At the beginning of the telephone hearing, the hearing officer puts every person giving testimony in the hearing under oath to tell the truth, the whole truth and nothing but the truth. Yet the concept of “whole truth” escapes some employers.

To lie before the hearing officer is called perjury. It is a crime punishable by fine and sometimes a jail sentence. I always advise my clients to tell the truth while under oath. What the other side says is on them. I try to make my clients’ testimony a beacon of truth shining light on the employer’s false allegations.

The Claimant should always remember that if you must appeal the initial decision of the OESC to receive your benefits, the employer is definitely not your friend. The Claimant must consider them as an adversary during the telephone hearing.

Most claimants have never reviewed the Oklahoma laws and case law that govern the OESC, because the laws and related cases are lengthy and very difficult to read. As a matter of fact, even many employers do not take the time to read the statutes, because defending themselves against unemployment claims is not a big part of their daily routine. Many times, I find they do not know what Oklahoma courts consider to be MISCONDUCT. They can allege misconduct out of misguided ignorance.

That is why every Claimant should think long and hard before going into an unemployment appeal hearing without legal representation. Without skilled legal counsel, the former employer could turn the tables and make the Claimant appear untruthful.

An attorney who handles these kinds of cases has studied the laws, the administrative rules and the related case law. That attorney knows what constitutes misconduct and what does not constitute misconduct. Attorneys at Oklahoma Unemployment Experts have studied the law, they have reviewed historical unemployment cases and they have successfully defended many cases just like yours.

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FAILURE TO RETAIN EXPERIENCED LEGAL COUNSEL

UNEMPLOYMENTBLUNDER # 5

1 Your attorney represents only your interests.

When you apply for unemployment benefits you usually talk with a person at the unemployment office we like to call the Intake Person. To avoid the appearance of bias towards you or the employer, that Intake Person must remain neutral in the application process. That

The final reason I see people lose their unemployment appeals often explains why they make the other four mistakes. The explanation of this blunder can seem a little self-serving in nature. In a way it is, but the

reasons serve the claimant more than the unemployment attorney.

The mistake that scuttles so many unemployment claims is simply not calling in an attorney to represent you in the application process. There are several reasons people make this is mistake. As I go over them, you will see that there are sound reasons for hiring an attorney to handle your application for unemployment benefits.

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means that person cannot advise you on how to win against the employer.

I say win because, when you file for unemployment benefits, you are joining a battle between you and your employer. The battleground is the Oklahoma Employment Security Commission. The employer might fight against your application for unemployment benefits. They might do or say anything to keep you from getting what you deserve.

The whole time you worked for your employer they likely maintained a friendly professional relationship with you. They smiled at you when walked by, they said hello, and in general they were your friend.

Yet once you are an ex-employee, the situation has changed. You are now in a battle in which you are no longer of any use to the employer. In a way you have become a liability, so you have become an adversary to their bottom line. They might do everything possible to win this combat with you to save the bottom line – or just to win because most people want to win whatever battles they pick.

You on the other hand are without a job. You likely have no immediate way to bring money into your household. Yet you must still feed your children, pay your rent or mortgage, put gas in your car or pay for any of the other necessities in life. The list goes on and on.

You need someone in your corner to fight just for you. This battle is serious. It can mean the difference between you remaining in your home and you moving back in with your family. That might sound drastic but for some, it comes down to that.

2 Your Former Employer Has You Outgunned

The former employer, if they are of any size at all, has an army of employees who are ready to do their fighting for them. They might have Human Resource staff who have looked at Oklahoma’s unemployment statutes. They have an idea what it takes to terminate an employee and then block benefits for the terminated employee.

An attorney who is experienced in filing and appealing unemployment claims also knows the laws of Oklahoma. A lawyer who routinely represents unemployment clients will generally know more about the laws than the employer’s army of personnel poised to fight against you.

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There are parts of the law that many employers know concerning what makes up “good cause,” what constitutes “misconduct,” and what portions of criminal and civil law the employer can be held to. They can use that information while you are still on the job to give you a reason to quit, to entrap you into insubordination, to make you miss work or do any number of things that could damage your claim.

Employers tend to think most employees will know less about unemployment law than the employer. Showing up to the telephone hearing with an attorney turns the tables. Now the employer is the underdog.

3 Your Former Employer’s ‘Truth’ is Seldom the Whole Truth

The former employer, if they are of any size at all, has an army of employees. In my experience representing unemployment Claimants week after week, month after month, year after year, I have come across only two employers who were totally forthcoming with the true facts of their case. I hesitate to say they lie because most, if not all, just leave out vital facts that would otherwise prove the Claimant is telling the truth.

When two parties tell different stories about an alleged incident that led to a termination, it can be difficult for an inexperienced Claimant to persuade the Hearing Officer – the person going over the facts of the case – to recognize the truth. In many cases an incident about which the employer testifies had nothing to do with the real reason the employee was let go. Often, the employer just ran out of work and was trying to reduce their workforce to cut back on payroll costs.

Whatever the reason for the termination, an experienced unemployment attorney can usually bring out all the relevant facts of the matter. An attorney can usually expose the employer for what they truly are. An attorney experienced in cross examination even knows how to bring out a witnesses’ poor character without calling them a bad person. Whether good or bad, total exposure is the attorney’s goal in these matters.

By the way, I have had just a few clients who were less that forthcoming with me as their attorney. That is a very bad idea. It is the one thing an attorney totally hates. It makes the attorney look like a fool and it makes the employer look like the one telling the truth, even if he is not truthful.

You can afford to be truthful with your attorney. Our conversations are protected as confidential, and I need to know all the facts before we get to a hearing.

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4 An Affordable Attorney Provides Great Value

Most Claimants think that an unemployment attorney will charge a flat fee up front. Most think hiring is an attorney is a very expensive proposition. That simply is not the truth. We charge a fee, but we have two convenient ways to pay for your representation by the Unemployment Experts legal team.

We understand that you are without income and you will be without income until you get your unemployment benefits or become employed again. We offer a plan that does not require any money up front. If we do not win the case for you, you have no out-of-pocket expense. That is called a “contingency plan.” It is our most popular plan that offers the best value.

We also have another plan that charges a one-time fee for total representation. An experience unemployment attorney will follow your case all the through the appeal process with the Review Board of the Oklahoma Employment Security Commission.

The Review Board is the final appeal in the Administrative Court. Anything after the Review Board appeal must be heard in District Court, which is usually too expensive to pursue for the Claimant. Your best chance of winning benefits you earned is to win in the administrative appeals process.

GETTING THE BEST VALUE FOR YOUR FUTURE

NEXT STEPS

Now that you’ve read the five main reasons your unemployment claim could be denied, I believe you will agree that the best way around these pitfalls is to consult with an experienced attorney from the beginning. Even if you do not retain an attorney before you file your claim, at least consider retaining counsel for the appeal if your claim is denied.

Many people think that they can argue their unemployment case better than someone who knows nothing about them. This is a mistake. An experienced unemployment attorney will meet with you prior to the hearing to get to know your matter inside and out. An attorney knows how to make the employer come forward with important information that benefits the Claimant.

The attorney knows tricks that keep the employer’s witnesses from building on the employer’s statement. The attorneys professional training and ethical obligations are obvious to the Hearing Officer, which can be a great benefit for the Claimant. When a claimant retains an attorney to represent them from the beginning, the Hearing Officer may consider the Claimant’s statements more credible than if the Claimant represents their own matter. The attorney’s credibility shines the light of truth on the Claimant’s testimony.

Finally, the attorney will coach the Claimant in advance on the best way to answer a question. Your attorney will also prepare you for the questions the Hearing Officer as well as the employer might ask the Claimant. This can put the Claimant at ease with any questions that might be asked of them. I ask that if you find yourself in need of an unemployment attorney, you will keep Unemployment Experts in mind and give our firm a call even if you only have questions.

If you remember only one point from this book, remember this. Your time to claim unemployment benefits is limited. When your claim is denied, you have even less time to appeal. Please be prepared. Call me before that letter arrives on your doorstep.

As you have seen, an attorney provides the best value because you never pay a dime for representation until we prove you have a valid claim and you get paid. We work by phone, so you do not even need to leave your house. You have nothing to lose and everything to win. I look forward to hearing about your unemployment case.

Call me today at (918) 923-3776

https://oklahoma.unemployment.expert

Email: firm@oklahoma.unemployment.expert