Initial Determination

• The Oklahoma Employment Security Commission requires claimants to engage in at least two work searches per week each week they file for benefits. Applicants who voluntarily terminated employment are eligible for unemployment benefits if they terminated employment for good cause. Applicants must provide the reasons for termination when they complete their initial applications. The Commission will investigate each claim and notify each applicant's former employer within 15 days of filing. The applicant has the burden of proving she had no alternative but to terminate employment. For instance, an applicant who proves she terminated employment to exercise a protected right, such as anti-discriminatory treatment from her employer, may be eligible for unemployment benefits.
  
  

Good Cause Reasons

• According to Oklahoma law, good cause reasons for voluntary termination exist if employees had no reason but to terminate employment through no fault of their own. If their employers provided them with no other viable alternatives but to terminate employment, then good cause exists. The Commission relies upon established Oklahoma case law to analyze the facts of each case. The Commission conducts a case-by-case evaluation of whether the circumstances for termination were justified.
  
  

Ineligibility or "Bad Cause" Terminations

• In "Aero Design & Engineering Co. v. Bd. of Review," (1960), the Oklahoma Supreme Court upheld a lower court's decision to deny benefits to the claimant in that case. The Court held that an employee who quit because of a labor strike is not eligible for unemployment benefits if he participated in the strike and remains unemployed because of his participation in the strike. Similarly, in OESC v. Board of Review, the Oklahoma Appeals Court upheld a lower court's decision to deny benefits to an employee who voluntarily terminated employment by accepting a voluntary buyout offer from the federal government. In that case, the petitioner accepted an offer to resign in exchange for a severance package and retirement parachute plan in the midst of downsizing efforts. Since the petitioner's acceptance of the offer was voluntary and termination was unrelated to his work, the Court found him ineligible for benefits.
  
  

Benefit Amounts

• If the Commission approves benefits, Oklahoma law limits the total amount of weekly benefits eligible applicants can receive. For claims on or after January 1, 2011, the weekly maximum a claimant may receive in unemployment compensation is $358, limited to $7,400 in total benefits paid. Eligible applicants receive 1/23rd of their highest four of five last employment quarters each week, limited to $358, and at least $16 weekly. Oklahoma does not provide retroactive benefits, and benefits are payable after applicants file for unemployment.
  
  

Considerations

• Since state laws can frequently change, do not use this information as a substitute for legal advice. Seek advice through an attorney licensed to practice law in your jurisdiction.