Title 40, Title 40 — Labor

APPLICABILITY. The provisions of this part apply to eligibility to receive benefits under this act. Added by Laws 1980, c. 323, § 2-201, eff. July 1, 1980.

CONDITIONS FOR ELIGIBILITY. An unemployed individual shall be eligible to receive benefits with respect to any week only if the Commission finds that he satisfies the provisions of this Part 2. Added by Laws 1980, c. 323, § 2-202, eff. July 1, 1980.

CLAIM. A. An unemployed individual must file an initial claim for unemployment benefits by completing the required forms through the Internet Claims service provided by the Commission, or by completing all forms necessary to process an initial claim in a local office of the Commi…

REGISTRATION FOR EMPLOYMENT. The unemployed individual must register for work within seven (7) days of filing his or her initial claim for unemployment benefits in accordance with such rules as the Commission may prescribe, except that the Commission may waive the requirements of…

The unemployed individual must be able to perform work duties in keeping with his or her education, training and experience. He or she must also be available to seek and accept work at any time and may not be engaged in any activity that would restrict his or her seeking or accep…

WAITING PERIOD. The unemployed individual must have been unemployed for a waiting period of one (1) week. No week shall be counted as a week of unemployment for the purposes of this section: (1) Unless it occurs within the benefit year which includes the week with respect to whic…

WAGE REQUIREMENT DURING BASE PERIOD. A. The unemployed individual, during the individual's base period, shall have been paid: 1. Taxable wages of not less than One Thousand Five Hundred Dollars ($1,500.00); and 2. Total wages of not less than one and one-half (1 1/2) times the am…

ALIENS. (1) Effective January 1, 1978, benefits shall not be paid on the basis of services performed by an alien unless such alien is an individual who was lawfully admitted for permanent residence at the time such services were performed, was lawfully present for purposes of per…

employers. BENEFITS FOR EMPLOYEES OF GOVERNMENTAL OR NONPROFIT EMPLOYERS. Benefits based on service in employment defined in paragraph (3) or (4) of Section 1-210 of this title, including any federally operated educational institutions, shall be payable in the same amount, on the…

circumstances. In addition to the eligibility provisions provided by this act, an individual shall be eligible to receive unemployment benefits, if monetarily and otherwise eligible, if the claimant was separated from work due to compelling family circumstances. For purposes of t…

WAIVER VOID. Any agreement by an individual to waive, release, or commute his rights to benefits or any other rights under this act shall be void. Any agreement by any individual in the employ of any person or employing unit to pay all or any portion of an employer's contribution…

fee subject to approval - Choice of representative. A. No individual claiming benefits shall be charged fees or costs of any kind in any proceeding under this act by the Board of Review, the Commission, or its representatives, or by any court or any officer thereof, except that a…

ASSIGNMENTS VOID, EXEMPTION FROM PROCESS. No assignment, pledge, or encumbrance of any right to benefits which are or may become due or payable under the Employment Security Act of 1980 shall be valid. All such rights to benefits shall be exempt from levy, execution, attachment, …

Notwithstanding the provisions of Sections 2-301 and 2-303 of Title 40 of the Oklahoma Statutes, nothing shall be construed to prohibit the deduction of an amount from unemployment compensation otherwise payable to an individual to pay for health insurance premiums if such indivi…

DEDUCTION OF INDIVIDUAL INCOME TAX WITHHOLDINGS. Notwithstanding the provisions of Sections 2-301 and 2-303 of this title, nothing shall be construed to prohibit the deduction of an amount from unemployment compensation, otherwise payable to an individual, to pay the withholding …

APPLICATION OF PART 4. This part applies to disqualification for benefits. Added by Laws 1980, c. 323, § 2-401, eff. July 1, 1980.

FRAUD. A. If the Oklahoma Employment Security Commission determines that any individual has made a false statement or representation or has failed to disclose a material fact in violation of Section 5-102 of this title, the individual shall be ineligible to receive unemployment c…

LEAVING WORK VOLUNTARILY. A. An individual shall be disqualified for benefits for leaving his or her last work voluntarily without good cause connected to the work, if so found by the Commission. B. When adjudicating a separation from employment in an initial claim or additional …

A. For the purposes of this section: 1. "Temporary help firm" means a firm that hires its own employees and assigns them to clients to support or supplement the client's work force in work situations such as employee absences, temporary skill shortages, seasonal workloads and spe…

WORK OF A LIMITED DURATION OF TIME. A. When an employer employs a worker for a limited duration of time specified by the employer, the worker is considered to have been laid off due to lack of work at the end of the time period set by the employer, provided that the worker’s sepa…

DETERMINING GOOD CAUSE. Good cause for voluntarily leaving work under Section 2-404 of this title may include, among other factors, the following: 1. A job working condition that had changed to such a degree it was so harmful, detrimental, or adverse to the individual's health, s…

DISCHARGE FOR MISCONDUCT. A. An individual shall be disqualified for benefits if the individual has been discharged for misconduct connected with the individual's last work. If discharged for misconduct, the employer shall have the burden to prove that the employee engaged in mis…

testing or positive test. A. 1. An employee discharged on the basis of a refusal to undergo drug or alcohol testing or a positive drug or alcohol test conducted in accordance with the provisions of the Standards for Workplace Drug and Alcohol Testing Act shall be considered to ha…

SUITABLE WORK. (1) In determining whether or not any work is suitable for an individual, there shall be considered among other factors and in addition to those enumerated in Section 2-409 the length of his unemployment, his prospects for obtaining work in his customary occupation…

CONDITIONS EXEMPTING OTHERWISE SUITABLE WORK. Notwithstanding any other provisions of this act, no work shall be deemed suitable and benefits shall not be denied under this act to any otherwise eligible individual for refusing to accept new work under any of the following conditi…

PARTICIPATION IN LABOR DISPUTES. (1) An individual shall be disqualified to receive benefits for any week with respect to which the Commission finds that his unemployment is due to a stoppage of work which exists at the factory, establishment or other premises at which he is or w…

RETIREMENT PAYMENTS. 1. Except for any payment or benefit payment made pursuant to the federal Social Security Act, an individual shall be disqualified for benefits for any week which begins in a period with respect to which such individual is receiving a governmental or other pe…

RECEIVING BENEFITS FROM ANOTHER STATE. An individual shall be disqualified for benefits for any week with respect to which or a part of which he has received or is seeking unemployment benefits under an unemployment compensation law of another state or of the United States. Provi…

INMATES DURING CONFINEMENT. No inmate of the State Department of Corrections shall during confinement be eligible to receive benefits under this act. Added by Laws 1980, c. 323, § 2-413, eff. July 1, 1980.

PREGNANT WOMEN NOT DISQUALIFIED. Nothing in this act shall prohibit pregnant women, who otherwise qualify for benefits under this title, from receiving said benefits for the full number of weeks to which they are entitled. Added by Laws 1980, c. 323, § 2-414, eff. July 1, 1980.

PARTICIPATING IN SPORTS OR ATHLETIC EVENTS. Benefits shall not be paid to any individual on the basis of any services, substantially all of which consist of participating in sports or athletic events or training or preparing to so participate, for any week which commences during …

taking approved training under Trade Act. PROHIBITION AGAINST DISQUALIFICATION OF INDIVIDUALS TAKING APPROVED TRAINING UNDER TRADE ACT. No individual shall be denied benefits for any week because such individual is in training approved under 19 U.S.C., Section 2296 (a)(1) of the …

disqualification. SEEK AND ACCEPT WORK - WEEK OF OCCURRENCE DISQUALIFICATION. A. An individual shall be disqualified to receive benefits for each week in which the individual shall have failed to do any of the following: 1. Diligently search for suitable employment at a pay rate …

SEEK AND ACCEPT WORK - INDEFINITE DISQUALIFICATION. A. An individual shall be disqualified to receive benefits for the full period of unemployment next ensuing after the individual shall have failed to do any of the following: 1. Accept an offer of suitable work, as defined by Se…

- Definition. An individual shall be disqualified for unemployment benefits if that individual has accepted an accelerated buyout of a written employment contract from the employer. Disqualification under this section shall continue for the full period of unemployment next ensuin…

FAILURE TO PERSONALLY APPEAR AS DIRECTED. The Oklahoma Employment Security Commission may require the individual to personally appear at a location for a purpose relevant to the individual's unemployment claim, job search, or reemployment services. If the individual fails to appe…

profiling. FAILURE TO PARTICIPATE IN REEMPLOYMENT SERVICES THROUGH PROFILING. The Oklahoma Employment Security Commission shall establish and utilize a system of Re-employment Services and Eligibility Assessment selection for all ex-military service claimants and for unemployment…

A. Unemployment benefits based on services by a seasonal worker performed in seasonal employment are payable only for weeks of unemployment that occur during the normal seasonal work period. Benefits shall not be paid based on services performed in seasonal employment for any wee…

APPLICABILITY. This part applies to procedures for benefits. Added by Laws 1980, c. 323, § 2-501, eff. July 1, 1980.

POSTING OF INFORMATION. Each employer shall post and maintain in places readily accessible to its employees, statements concerning benefit rights, claims for benefits and any other matters relating to the administration of this act as the Commission may by rule prescribe. Each em…

CLAIMS, NOTICES, AND OBJECTIONS. A. Claims for benefits shall be made in accordance with all rules that the Oklahoma Employment Security Commission may prescribe. B. Promptly after an initial claim or an additional initial claim is filed, the Commission shall give notice of the c…

FILING OF EMPLOYER PROTEST AND DOCUMENTS. A. An employer may file a statement of objections to the claim of a former employee at any time from the moment of discharge or separation from employment until the expiration of the ten-day time period set out in subsection E of Section …

A. DETERMINATIONS OF BENEFITS. A determination upon a claim for benefits shall be made promptly by a representative of the Oklahoma Employment Security Commission. It shall include a statement as to whether, and in what amount claimant is entitled to benefits for the week with re…

DETERMINATIONS IN LABOR DISPUTE CASES. Whenever any claim involves the application of the provisions of Section 2-410, the representative of the Commission first considering the claim shall, if so directed by the Commission, promptly transmit such claim and all filed objections t…

REDETERMINATIONS. The Oklahoma Employment Security Commission may reconsider a determination only when it finds that an error in computation or identity has occurred in connection therewith, or that wages of the claimant pertinent to such determination, but not considered in conn…

NOTICE OF DETERMINATIONS. Notice of a determination upon a claim shall be given promptly to the claimant by delivery thereof or by mailing the notice to the claimant's last-known address or by electronic means if the claimant elected this form of notification through procedures s…

APPLICABILITY. This part applies to appeals from determinations of the Commission or its representatives to its appeals tribunal, to appeals from decisions of its appeals tribunal to the Board of Review and to judicial review of decisions of the Board of Review. Added by Laws 198…

APPEAL REFEREES. (1) The Executive Director, with approval by the Commission, shall appoint one or more referees who shall constitute the appeal tribunal. The referees shall act under the direct supervision of the Executive Director. (2) Each appeal from a determination made by t…

APPEAL TRIBUNAL. The claimant or any other party entitled to notice of a determination may file an appeal from the determination with the appeal tribunal within ten (10) calendar days after the date of mailing of the notice to the claimant's or other party's last-known address or…

HEARING. The appeal referee to whom the appeal is assigned, after affording the parties reasonable opportunity for a fair hearing, shall make findings and conclusions, and on the basis thereof affirm, modify, or reverse such determination; provided, however, that whenever an appe…