2015 ORS 657.471¹
Manner of charging benefits to employer
  • request for relief from charges

(1) Except as otherwise provided in this section, benefits paid to an eligible individual shall be charged to each of the individual’s employers during the base year in the same proportion that the wages paid by each employer to the individual during the base year bear to the wages paid by all employers to that individual during that year.

(2) The account of an employer, other than a political subdivision electing to pay taxes under ORS 657.509 (Taxes from political subdivisions and people's utility districts), may not be charged with benefits paid an unemployed individual in excess of one-third of the base year wages paid that individual while in the employ of the employer.

(3) Benefits paid to an individual for unemployment immediately after the expiration of a period of disqualification for having left the employment of an employer voluntarily without good cause may not be charged to the employer.

(4) Benefits paid to an individual for unemployment immediately after the expiration of a period of disqualification for having been discharged by an employer for misconduct may not be charged to the employer.

(5) Benefits paid without any disqualification to an individual may not be charged to an employer of the individual for the immediate period of unemployment if:

(a) The individual left the employment of the employer voluntarily for good cause not attributable to the employer; or

(b) The employer discharged the individual because the individual was unable to satisfy a job prerequisite required by law or administrative rule.

(6) If it is determined under the provisions of subsection (3), (4) or (5) of this section that benefits paid to an individual may not be charged to an employer, the employer’s account may not be charged for any benefits paid for any subsequent period or periods of unemployment during the individual’s affected benefit year or during any benefit year beginning within 52 weeks subsequent to the affected benefit year.

(7)(a) A base-year employer that is not otherwise eligible for relief of charges for benefits under this section and that receives notification of an initial valid determination of a claim may request relief of charges if the claim is made by an individual who:

(A) Left the employment of the employer voluntarily and not for reasons attributable to the employer;

(B) Was disqualified for the individual’s most recent separation from the employer by a determination of the Director of the Employment Department that the individual has been discharged for misconduct connected with the employment for the employer; or

(C) Was discharged for reasons that would be disqualifying under ORS 657.176 (Grounds and procedure for disqualification) (2)(a), (b), (f), (g) or (h).

(b)(A) A request under paragraph (a)(A) of this subsection:

(i) Must advise the director in writing of the date on which the individual left employment, state that the individual left voluntarily and not for reasons attributable to the employer and give the reason for which the individual left employment.

(ii) May not be granted if the individual was reemployed by the employer prior to the filing of the initial valid claim.

(B) A request under paragraph (a)(C) of this subsection must specify the date of the discharge and the reasons why the employer believes the discharge was for reasons that would be disqualifying under ORS 657.176 (Grounds and procedure for disqualification) (2)(a), (b), (f), (g) or (h).

(c) A request for relief under this subsection must be sent to the department within 30 days after the date on which the notice provided for under ORS 657.266 (Initial determination of eligibility and amount of benefits) is mailed or delivered to the employer.

(d) Upon receipt of the request from the employer, the director shall review the information provided by the employer and determine whether the employer is entitled to relief of charges for benefits paid to the individual during the benefit year. If the director determines that the employer is entitled to relief of charges, the director shall grant the relief.

(e)(A) The determination of the director under paragraph (a)(A) and (C) of this subsection is final in all cases unless an application for hearing is filed within 20 days after delivery of the determination, or, if mailed, within 20 days after the determination was mailed to the employer’s last-known address.

(B) When a request for hearing has been timely filed, an administrative law judge shall be assigned to conduct a hearing.

(C) After the administrative law judge has afforded all parties an opportunity for a fair hearing, the administrative law judge shall affirm or reverse the determination and promptly notify all parties entitled to notice of the decision and the reasons for the decision.

(D) Decisions of the administrative law judge under this subsection are final and may be judicially reviewed as provided in ORS 657.684 (Judicial review of decisions under ORS 657.683) to the extent applicable.

(8)(a) If the director finds that an employer or the employer’s agent, in submitting facts under subsection (7) of this section, willfully makes a false statement or representation or willfully fails to report a material fact concerning the termination of an individual’s employment, the director shall make a determination charging the employer’s reserve account not less than two nor more than 10 times the weekly benefit amount of the claimant or claimants.

(b) The director shall give notice to the employer of the determination under this subsection and the determination of the director is final unless an application for hearing is filed in the manner provided for in subsection (7)(e) of this section.

(9) Benefits paid to an individual may not be charged to a base-year employer if:

(a) The employer furnished part-time work to the individual during the base year;

(b) The individual has become eligible for benefits because of loss of employment with one or more other employers;

(c) The employer has continued to furnish part-time work to the individual in substantially the same amount as during the individual’s base year; and

(d) The employer requests relief of charges within 30 days of the date the notice provided for in ORS 657.266 (Initial determination of eligibility and amount of benefits) is mailed or delivered to the employer.

(10) Notwithstanding any other provision of this section, benefits paid to an individual shall be charged to an employer’s account if:

(a) The employer or the employer’s agent fails to respond timely or adequately to a request from the Employment Department for information relating to the claim for benefits;

(b) The failure to respond causes an overpayment of benefits to the claimant; and

(c) The employer or the employer’s agent has a pattern of failing to respond timely or adequately to requests from the department for information relating to claims for benefits. [Formerly 657.466; 1967 c.435 §5; 1973 c.300 §12; 1975 c.257 §10; 1977 c.294 §6; 1983 c.518 §1; 1993 c.778 §22; 1995 c.79 §332; 1995 c.683 §1; 1997 c.59 §2; 1999 c.416 §1; 1999 c.849 §130; 1999 c.970 §1; 2003 c.75 §102; 2003 c.792 §3; 2013 c.704 §1]

Notes of Decisions

Relief is available to base year employer only if employee left voluntarily for reasons not attributable to employer. Johnson v. Employ­ment Division, 124 Or App 77, 861 P2d 1032 (1993)

"Job prerequisite re­quired by law or administrative rule" refers to require­ment that is preliminary to performing particular job and with which compliance is readily ascertainable. VavRosky MacColl Olson Busch & Pfeifer PC v. Employ­ment Depart­ment, 212 Or App 174, 157 P3d 312 (2007)

Adherence to rules of professional con­duct for attorneys is not "job prerequisite re­quired by law or administrative rule." VavRosky MacColl Olson Busch & Pfeifer PC v. Employ­ment Depart­ment, 212 Or App 174, 157 P3d 312 (2007)

Chapter 657

Notes of Decisions

An individual who performs services for remunera­tion is an employee, and per­son or organiza­tion for whom services are performed is an employer under terms of Employ­ment Division Law even if remunera­tion is paid indirectly rather than directly unless employer shows that some statutory exclusion applies. Lectro Lift, Inc. v. Morgan, 14 Or App 316, 513 P2d 526 (1973)

Mere act of incorporating as professional corpora­tion does not, by itself, create employer-employee rela­tionship for purposes of this chapter. Peterson v. Employ­ment Division, 82 Or App 371, 728 P2d 95 (1986)

Determina­tion of whether claimant is qualified for benefits is made by reference to ORS 657.150 (Amount of benefits) and 657.155 (Benefit eligibility conditions), which require determina­tion of amount of work that claimant performed in "employ­ment" as defined in ORS chapter 657, which, in turn means that exclusions from "employ­ment" set out in ORS 657.040 (Employment) through 657.094 (Employment) must be considered. May Trucking Co. v. Employ­ment Dept., 251 Or App 555, 284 P3d 553 (2012)

Atty. Gen. Opinions

Determining employer of musicians' group, (1972) Vol 35, p 1306


1 Legislative Counsel Committee, CHAPTER 657—Unemployment Insurance, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors657.­html (2015) (last ac­cessed Jul. 16, 2016).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2015, Chapter 657, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano657.­html (2015) (last ac­cessed Jul. 16, 2016).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.