Or. Rev. Stat. » Oregon Revised Statutes

Or. Rev. Stat. § 657.471

Manner of charging benefits to employer; request for relief from charges

Find cases: SyfertCases citing this section ORSoregonlegislature.gov JustiaChapter on Justia CornellLII Search CasesGoogle Scholar

      657.471 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, 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 (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 (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 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 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 is mailed or delivered to the employer.

      (10) Benefits paid to an individual for unemployment due to the return of a covered individual, as defined in ORS 657B.010, who was temporarily replaced by the individual for a period of family leave, medical leave or safe leave under ORS chapter 657B may not be charged to the employer of the covered individual.

      (11) 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; 2019 c.700 §55]

 

      657.472 [1957 c.699 §8(3); repealed by 1963 c.354 §1 (657.552, 657.652, 657.679, 657.681 and 657.683 enacted in lieu of 657.472, 657.512, 657.550 and 657.672)]

Notes of Decisions
Cited in 9 cases, 1974–2017 · leading case: Holy Cross Hospital of Silver Spring, Inc. v. Maryland Employment Security Administration
Sort: Relevance Newest Treatment
Hooton, Wold & Okrent, LLP v. Employment Department (2017) orctapp · cites it 30× “The department sent petitioner notice of the potential charges and petitioner requested relief from those charges under ORS 657.471. The *779 department denied relief, citing Hooten’s continued employment with petitioner.”
Kroetch v. Employment Department (2014) orctapp · cites it 2× “ORS 657.471 provides standards and a process for an employer to request relief from the charges that result from a determination that a claimant is eligible for unemployment compensation benefits under ORS 657.”
National Maintenance Contractors of Oregon, Inc. v. Employment Department (2009) orctapp “f-8"?> *601 PER CURIAM Petitioner seeks judicial review of an order of the Employment Department that denied petitioner relief from certain unemployment insurance charges under ORS 657.471. Petitioner argues that it should have been relieved of the charges because its…”
Vavrosky Maccoll Olson Busch & Pfeifer PC v. Employment Department (2007) orctapp · cites it 46× “ORS 657.471 provides, in part: “(1) Subject to the provisions of subsections (2) to (7) and (10) of 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…”
Johnson v. Employment Division (1993) orctapp · cites it 19× “That form, mailed pursuant to ORS 657.471, allowed employer to request relief from charges resulting from the unemployment benefits paid to Light.”
Friedlander v. Employment Division (1984) orctapp “See ORS 657.471(1). Therefore, the cases merit consolidated treatment.”
Holy Cross Hospital of Silver Spring, Inc. v. Maryland Employment Security Administration (1980) md · cites it 6× “…although contributors would not be charged for the payment of such benefits. Or. Rev. Stat. § 657.471 (3) (1979). In 1973, the Oregon State Legislature amended the statute to require reimbursers to reimburse the Fund for such payments. Or. Rev. Stat. § 657.504…”
Gilberts v. Employment Division (1977) orctapp · cites it 8× “As here applicable, ORS 657.471(7) establishes a two-step procedure whereby an employer may seek relief from charges to his account for unemployment benefits paid to a former employe.”
The Mann Home v. Morgan (1974) orctapp · cites it 5× “If we were to adopt the construction of ORS 657.471 (3) urged by petitioners, this would result in the payment of benefits from the Fund without a corresponding payment of taxes or reimbursement of the Fund by the employer with respect to these former employes.”
— Or. Rev. Stat. § 657.471(1) — 4 cases
Friedlander v. Employment Division (1984) orctapp “See ORS 657.471(1). Therefore, the cases merit consolidated treatment.”
Vavrosky Maccoll Olson Busch & Pfeifer PC v. Employment Department (2007) orctapp “ORS 657.471 provides, in part: “(1) Subject to the provisions of subsections (2) to (7) and (10) of 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…”
Hooton, Wold & Okrent, LLP v. Employment Department (2017) orctapp “The department sent petitioner notice of the potential charges and petitioner requested relief from those charges under ORS 657.471. The *779 department denied relief, citing Hooten’s continued employment with petitioner.”
Johnson v. Employment Division (1993) orctapp “That form, mailed pursuant to ORS 657.471, allowed employer to request relief from charges resulting from the unemployment benefits paid to Light.”
— Or. Rev. Stat. § 657.471(10) — 1 case
Hooton, Wold & Okrent, LLP v. Employment Department (2017) orctapp “The department sent petitioner notice of the potential charges and petitioner requested relief from those charges under ORS 657.471. The *779 department denied relief, citing Hooten’s continued employment with petitioner.”
— Or. Rev. Stat. § 657.471(3) — 1 case
Holy Cross Hospital of Silver Spring, Inc. v. Maryland Employment Security Administration (1980) md “…although contributors would not be charged for the payment of such benefits. Or. Rev. Stat. § 657.471 (3) (1979). In 1973, the Oregon State Legislature amended the statute to require reimbursers to reimburse the Fund for such payments. Or. Rev. Stat. § 657.504…”
— Or. Rev. Stat. § 657.471(5) — 3 cases
Vavrosky Maccoll Olson Busch & Pfeifer PC v. Employment Department (2007) orctapp “ORS 657.471 provides, in part: “(1) Subject to the provisions of subsections (2) to (7) and (10) of 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…”
Johnson v. Employment Division (1993) orctapp “That form, mailed pursuant to ORS 657.471, allowed employer to request relief from charges resulting from the unemployment benefits paid to Light.”
Hooton, Wold & Okrent, LLP v. Employment Department (2017) orctapp “The department sent petitioner notice of the potential charges and petitioner requested relief from those charges under ORS 657.471. The *779 department denied relief, citing Hooten’s continued employment with petitioner.”
— Or. Rev. Stat. § 657.471(5)(b) — 1 case
Vavrosky Maccoll Olson Busch & Pfeifer PC v. Employment Department (2007) orctapp “ORS 657.471 provides, in part: “(1) Subject to the provisions of subsections (2) to (7) and (10) of 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…”
— Or. Rev. Stat. § 657.471(7) — 3 cases
Johnson v. Employment Division (1993) orctapp “That form, mailed pursuant to ORS 657.471, allowed employer to request relief from charges resulting from the unemployment benefits paid to Light.”
Hooton, Wold & Okrent, LLP v. Employment Department (2017) orctapp “The department sent petitioner notice of the potential charges and petitioner requested relief from those charges under ORS 657.471. The *779 department denied relief, citing Hooten’s continued employment with petitioner.”
Gilberts v. Employment Division (1977) orctapp “As here applicable, ORS 657.471(7) establishes a two-step procedure whereby an employer may seek relief from charges to his account for unemployment benefits paid to a former employe.”
— Or. Rev. Stat. § 657.471(7)(a) — 1 case
Gilberts v. Employment Division (1977) orctapp “As here applicable, ORS 657.471(7) establishes a two-step procedure whereby an employer may seek relief from charges to his account for unemployment benefits paid to a former employe.”
— Or. Rev. Stat. § 657.471(7)(c) — 1 case
Gilberts v. Employment Division (1977) orctapp “As here applicable, ORS 657.471(7) establishes a two-step procedure whereby an employer may seek relief from charges to his account for unemployment benefits paid to a former employe.”
— Or. Rev. Stat. § 657.471(9) — 1 case
Hooton, Wold & Okrent, LLP v. Employment Department (2017) orctapp “The department sent petitioner notice of the potential charges and petitioner requested relief from those charges under ORS 657.471. The *779 department denied relief, citing Hooten’s continued employment with petitioner.”
— Or. Rev. Stat. § 657.471(9)(a) — 1 case
Hooton, Wold & Okrent, LLP v. Employment Department (2017) orctapp “The department sent petitioner notice of the potential charges and petitioner requested relief from those charges under ORS 657.471. The *779 department denied relief, citing Hooten’s continued employment with petitioner.”
— Or. Rev. Stat. § 657.471(9)(b) — 1 case
Hooton, Wold & Okrent, LLP v. Employment Department (2017) orctapp “The department sent petitioner notice of the potential charges and petitioner requested relief from those charges under ORS 657.471. The *779 department denied relief, citing Hooten’s continued employment with petitioner.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.