657.155
Benefit eligibility conditions; rules.
(1) An unemployed individual shall be eligible to receive benefits with respect
to any week only if the Director of the Employment Department finds that:
(a) The
individual has registered for work at and thereafter has continued to report at
an employment office in accordance with such rules as the director may
prescribe. However, the director may, by rule, waive or alter either or both of
the requirements of this subsection as to individuals attached to regular jobs
and as to such other types of cases or situations with respect to which the
director finds that compliance with such requirements would be oppressive, or
would be inconsistent with the purposes of this chapter; provided, that no such
rule conflicts with ORS 657.255.
(b) The
individual has made a claim for benefits with respect to such week in
accordance with ORS 657.260.
(c) The
individual is able to work, is available for work, and is actively seeking and
unable to obtain suitable work. No individual participating in a community work
and training program, as defined in ORS 411.855, shall, solely by reason
thereof, be unavailable for work within the meaning of this section.
(d) The
individual has been unemployed for a waiting period of one week, unless the
Governor has waived the required waiting period as provided in ORS 401.186.
(e) The
individual is not disqualified from benefits or ineligible for benefits under
any other section of this chapter.
(f) The
individual is qualified for benefits under ORS 657.150.
(2)(a) An
individual who leaves the individual’s normal labor market area for the major
portion of any week is presumed to be unavailable for work within the meaning
of this section.
(b) The
presumption described in paragraph (a) of this subsection may be overcome if
the individual establishes to the satisfaction of the director that the
individual:
(A) Has conducted
a bona fide search for work and has been reasonably accessible to suitable work
in the labor market area in which the individual spent the major portion of the
week to which the presumption applies; or
(B) Was required
to be outside the individual’s normal labor market area to apply for suitable
employment within the individual’s normal labor market.
(3) The director
shall either promptly allow credit or pay benefits for any week for which
benefits are claimed or promptly give notice of denial thereof in the manner
provided in ORS 657.267 and 657.268. [Amended by 1955 c.655 §7; 1961 c.631 §8;
1967 c.130 §11; 1973 c.398 §1; 1977 c.295 §3; 1979 c.521 §1; 1993 c.778 §11;
2008 c.23 §3; 2015 c.103 §1]
Note: Section 4, chapter 23, Oregon Laws
2008, provides:
Sec. 4. Sections 1 and 2 [401.186] of this
2008 Act and the amendments to ORS 657.155 by section 3 of this 2008 Act become
operative when federal law permits without penalty a waiver under section 2 of
this 2008 Act of the one-week waiting period required by ORS 657.155. [2008
c.23 §4]
Notes of Decisions
Cited in
79
cases (
2 in the last 5 years), 1972–2023 · leading case:
Oliver v. Emp. Div., 595 P.2d 1252 (Or. Ct. App. 1979).
Oliver v. Emp. Div., 595 P.2d 1252 (Or. Ct. App. 1979).
· cites it 8× “155(l)(c) states a partial definition of availability for work; ORS 657.155(2) states a partial definition of able to work; and ORS 657.”
Anderson v. Emp. Div., Dept. of Human Res., 546 P.2d 779 (Or. Ct. App. 1976).
· cites it 14× “Claimant appeals from a decision of the Appeals Board of the Employment Division, Department of Human Resources, denying him unemployment compensation benefits because he was not actively seeking work as required by ORS 657.155. [1] The facts were undisputed.”
Taylor v. Emp. Div., 597 P.2d 780 (Or. 1979).
· cites it 9× “” These assertions, however, go to questions presented by ORS 657.155 concerning eligibility for benefits and ORS 657.”
Petro v. Emp. Div., Dept. of Human Resources, 573 P.2d 1250 (Or. Ct. App. 1978).
· cites it 4× “Claimant also stated that his search for employment had included five or six contacts each week and that he told all potential employers that he was available for work at any time.”
Trebesch v. Emp. Div., 710 P.2d 136 (Or. 1985).
· cites it 2× “Eligibility for regular unemployment benefits is set forth in ORS 657.155(l)(c) and defined by administrative rule, OAR 471-30-036(4).”
Minton v. Emp. Div., 644 P.2d 632 (Or. Ct. App. 1982).
· cites it 7× “In its order, the Board concluded that: “Concerning her situation with Boise Cascade, we find that the claimant is not able to work within the meaning of ORS 657.155. The employer has determined that the claimant’s medical condition is not such that she is able to safely perform…”
Dennis v. Emp. Div., 728 P.2d 12 (Or. 1986).
· cites it 2× “” 3 ORS 657.155(1) (c) provides: “(1) An unemployed individual shall be eligible to receive benefits with respect to any week only if the assistant director finds that: a* * * * * “(c) The individual is able to work, is available for work, and is actively seeking and unable to…”
Doctor v. Emp. Div., 711 P.2d 159 (Or. Ct. App. 1985).
· cites it 7× “ORS 657.155 is an eligibility section; ORS 657.”
Carillo v. Emp. Div., 744 P.2d 1304 (Or. Ct. App. 1987).
· cites it 14× “The Division then denied benefits on the basis that petitioner was "unavailable" for work within the meaning of ORS 657.155(1)(c), which provides: "(1) An unemployed individual shall be eligible to receive benefits with respect to any week only if the assistant director finds…”
Cook v. Emp. Div., 614 P.2d 1193 (Or. Ct. App. 1980).
“He can, therefore, not meet the requirements of ORS 657.155 as he was not unemployed during the weeks in issue.”
Lovendahl v. Emp. Div., 554 P.2d 611 (Or. Ct. App. 1976).
· cites it 3× “In other words, under the above statute, once the Division makes a decision based on the general conditions of eligibility enumerated in ORS 657.155, 1 it is precluded from reversing that determination on any of those grounds.”
Kibble v. Emp. Div., 584 P.2d 340 (Or. Ct. App. 1978).
· cites it 5× “ORS 657.155. Reversed and remanded. ORS 657.”
— Or. Rev. Stat. § 657.155(1) — 13 cases
Anderson v. Emp. Div., Dept. of Human Res., 546 P.2d 779 (Or. Ct. App. 1976).
“Claimant appeals from a decision of the Appeals Board of the Employment Division, Department of Human Resources, denying him unemployment compensation benefits because he was not actively seeking work as required by ORS 657.155. [1] The facts were undisputed.”
Dennis v. Emp. Div., 728 P.2d 12 (Or. 1986).
“” 3 ORS 657.155(1) (c) provides: “(1) An unemployed individual shall be eligible to receive benefits with respect to any week only if the assistant director finds that: a* * * * * “(c) The individual is able to work, is available for work, and is actively seeking and unable to…”
Minton v. Emp. Div., 644 P.2d 632 (Or. Ct. App. 1982).
“In its order, the Board concluded that: “Concerning her situation with Boise Cascade, we find that the claimant is not able to work within the meaning of ORS 657.155. The employer has determined that the claimant’s medical condition is not such that she is able to safely perform…”
Doctor v. Emp. Div., 711 P.2d 159 (Or. Ct. App. 1985).
“ORS 657.155 is an eligibility section; ORS 657.”
— Or. Rev. Stat. § 657.155(1)(b) — 1 case
— Or. Rev. Stat. § 657.155(1)(c) — 21 cases
Anderson v. Emp. Div., Dept. of Human Res., 546 P.2d 779 (Or. Ct. App. 1976).
“Claimant appeals from a decision of the Appeals Board of the Employment Division, Department of Human Resources, denying him unemployment compensation benefits because he was not actively seeking work as required by ORS 657.155. [1] The facts were undisputed.”
Carillo v. Emp. Div., 744 P.2d 1304 (Or. Ct. App. 1987).
“The Division then denied benefits on the basis that petitioner was "unavailable" for work within the meaning of ORS 657.155(1)(c), which provides: "(1) An unemployed individual shall be eligible to receive benefits with respect to any week only if the assistant director finds…”
Petro v. Emp. Div., Dept. of Human Resources, 573 P.2d 1250 (Or. Ct. App. 1978).
“Claimant also stated that his search for employment had included five or six contacts each week and that he told all potential employers that he was available for work at any time.”
Doctor v. Emp. Div., 711 P.2d 159 (Or. Ct. App. 1985).
“ORS 657.155 is an eligibility section; ORS 657.”
— Or. Rev. Stat. § 657.155(1)(e) — 2 cases
— Or. Rev. Stat. § 657.155(2) — 3 cases
Oliver v. Emp. Div., 595 P.2d 1252 (Or. Ct. App. 1979).
“155(l)(c) states a partial definition of availability for work; ORS 657.155(2) states a partial definition of able to work; and ORS 657.”
Kibble v. Emp. Div., 584 P.2d 340 (Or. Ct. App. 1978).
“ORS 657.155. Reversed and remanded. ORS 657.”
— Or. Rev. Stat. § 657.155(3) — 2 cases
— Or. Rev. Stat. § 657.155(l)(b) — 1 case
— Or. Rev. Stat. § 657.155(l)(c) — 26 cases
Oliver v. Emp. Div., 595 P.2d 1252 (Or. Ct. App. 1979).
“155(l)(c) states a partial definition of availability for work; ORS 657.155(2) states a partial definition of able to work; and ORS 657.”
Trebesch v. Emp. Div., 710 P.2d 136 (Or. 1985).
“Eligibility for regular unemployment benefits is set forth in ORS 657.155(l)(c) and defined by administrative rule, OAR 471-30-036(4).”
Taylor v. Emp. Div., 597 P.2d 780 (Or. 1979).
“” These assertions, however, go to questions presented by ORS 657.155 concerning eligibility for benefits and ORS 657.”
Minton v. Emp. Div., 644 P.2d 632 (Or. Ct. App. 1982).
“In its order, the Board concluded that: “Concerning her situation with Boise Cascade, we find that the claimant is not able to work within the meaning of ORS 657.155. The employer has determined that the claimant’s medical condition is not such that she is able to safely perform…”
Petro v. Emp. Div., Dept. of Human Resources, 573 P.2d 1250 (Or. Ct. App. 1978).
“Claimant also stated that his search for employment had included five or six contacts each week and that he told all potential employers that he was available for work at any time.”
— Or. Rev. Stat. § 657.155(l)(e) — 1 case
— Or. Rev. Stat. § 657.155(l)(f) — 1 case
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