2023 Oklahoma Statutes
Title 40. Labor
§40-3-106. Benefit wages charged and relief therefrom.

BENEFIT WAGES CHARGED AND RELIEF THEREFROM.

A. The Oklahoma Employment Security Commission shall give notice to each base period employer after the claimant has been issued his or her fifth week of benefits by the Commission or after the Commission receives notice of the amounts paid as benefits by another state under a reciprocal arrangement. This notice shall give the name and Social Security number of the claimant, the date the claim was filed, and the amount of benefit wages charged to the employer in each quarter of the base period.

B. Within twenty (20) days from the date stated on the notice, the employer may file an objection to being charged benefit wages as set forth in subsection G of this section. The employer's written objection must set forth specifically:

1. The date employment was terminated;

2. Specific details of the termination including the reason given by the individual for voluntarily leaving the employment, or the nature of the misconduct for discharge;

3. Specific details of the regular scheduled part-time or full-time employment of the employee including the starting date, and ending date if any, of the continuous period of employment; and

4. Other information as called for by the notice.

C. Upon receipt of the employer's objection, the Commission shall make a determination and notify the employer as to whether or not the employer is entitled to be relieved from benefit wage charges. Additionally, the twenty-day time period for filing an objection as provided for in subsection B of this section may be waived for good cause shown.

D. Within twenty (20) days after the issuing of the determination provided for in subsection C of this section, the employer may file with the Assessment Board a protest to the determination and request an oral hearing de novo to present evidence in support of its protest. The Assessment Board shall advise the employer of the date of the hearing, which shall not be less than ten (10) days from the date of notice. At the discretion of the Commission, this hearing shall be conducted by the Assessment Board. After the hearing, the Assessment Board shall notify the employer of its findings.

E. If any employer does not file a timely appeal of the determination to the Assessment Board, the determination shall be final.

F. The employer or the Commission may appeal the Assessment Board's order of the Commission or its representative to the district court by filing a petition for review with the district court clerk within thirty (30) days after the date the order was issued to all parties.

G. The benefit wages charged to an employer for a given calendar year shall be the total of the benefit wages stated in the notices given to the employer. Provided, that an employer shall be relieved of a benefit wage charge if the employer proves to the satisfaction of the Commission that the benefit wage charge includes wages paid by the employer to any employee or former employee, who:

1. Voluntarily left employment without good cause connected to the work;

2. Was discharged from employment for misconduct connected with his or her work;

3. Was a regular scheduled employee of the separating employer prior to the week the employee separated from other employment, and continued to work for the employer through the fifth compensable week of unemployment of the established benefit year;

4. Was separated from employment as a direct result of a major natural disaster, declared as such by the President pursuant to the Disaster Relief Act of 1974, P.L. 93-288, and such employee would have been entitled to disaster unemployment assistance if he or she had not received unemployment insurance benefits;

5. Was discharged by an employer for unsatisfactory performance during an initial employment probationary period. As used in this paragraph, "probationary period" means a period of time set forth in an established probationary plan which applies to all employees or a specific group of employees and does not exceed ninety (90) calendar days from the first day a new employee begins work. The employee must be informed of the probationary period within the first seven (7) work days. There must be conclusive evidence to establish that the individual was separated due to unsatisfactory work performance;

6. Left employment to attend training approved under the Trade Act of 1974 and is allowed unemployment benefits pursuant to Section 2-416 of this title; or

7. Was separated from employment for compelling family circumstances as defined in Section 2-210 of this title.

H. If an employer recalls an employee deemed unemployed as defined by the Employment Security Act of 1980 and the employee continues to be employed or the employee voluntarily terminates employment or is discharged for misconduct within the benefit year, the employer shall be entitled to have the benefit wage charged against the employer's experience rating for the employee reduced by the ratio of the number of weeks of remaining eligibility of the employee to the total number of weeks of entitlement.

I. An employer shall not be assessed a benefit wage charge of a laid-off employee if the employer lists as an objection in a statement filed in accordance with subsection B of this section that the employee collecting benefits was hired to replace a United States serviceman or servicewoman called into active duty and laid-off upon the return to work by that serviceman or servicewoman. The Unemployment Compensation Fund shall be charged with the benefit wages of the laid-off employee.

J. If the Commission receives a notice of amounts paid as benefits by another state under a reciprocal agreement, and the notice is received after three (3) years from the effective date of the underlying benefit claim, no benefit wage charge will be made against the employer identified in the notice, or if a benefit wage charge is made based on such a notice, the employer will be relieved of the charge when the facts are brought to the attention of the Commission.

K. An employer shall not be eligible to be relieved of a benefit wage charge under paragraphs 1 and 2 of subsection G of this section if the employer was sent a notice of benefit claim, pursuant to Section 2-503 of this title, and failed to timely file protest to the benefit claim.

Added by Laws 1980, c. 323, § 3-106, eff. July 1, 1980. Amended by Laws 1981, c. 259, § 16, emerg. eff. June 25, 1981; Laws 1982, c. 150, § 1, emerg. eff. April 12, 1982; Laws 1983, c. 270, § 10, emerg. eff. June 23, 1983; Laws 1990, c. 333, § 5, emerg. eff. May 31, 1990; Laws 1991, c. 120, § 1, emerg. eff. April 29, 1991; Laws 1991, c. 254, § 15, eff. July 1, 1991; Laws 1992, c. 318, § 3, eff. July 1, 1992; Laws 1995, c. 340, § 14, eff. Jan. 1, 1996; Laws 1997, c. 30, § 13, eff. July 1, 1997; Laws 1998, c. 161, § 10, eff. July 1, 1998; Laws 2002, c. 452, § 22, eff. Nov. 1, 2002; Laws 2003, c. 177, § 6, eff. Nov. 1, 2003; Laws 2004, c. 102, § 6, eff. Nov. 1, 2004; Laws 2005, c. 182, § 6, eff. Nov. 1, 2005; Laws 2006, c. 176, § 13, eff. July 1, 2006; Laws 2007, c. 354, § 7, eff. Nov. 1, 2007; Laws 2009, c. 460, § 5, eff. Nov. 1, 2009; Laws 2011, c. 256, § 12; Laws 2012, c. 196, § 8, emerg. eff. May 8, 2012; Laws 2015, c. 249, § 13, eff. Nov. 1, 2015; Laws 2019, c. 251, § 8, eff. July 1, 2019; Laws 2022, c. 360, § 18, eff. Nov. 1, 2022.