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Can I get unemployment benifits in Oregon, if I was fired from my job, they say I stole something.

Portland, OR |

I am currently on paid admin leave, and find out on Monday if they are going to fire me, which I did not stea anything.

Attorney Answers 2

Posted

You can likely qualify for Unemployment Insurance benefits in Oregon, so long as your employer isn't able to demonstrate and prove that you were fired "for cause."

If you're denied UI benefits by the Employment Department after you're terminated, you have the right to appeal the decision to an ALJ (typically a phone hearing).

If you found this answer helpful, please click the "Mark as good answer" button, below. If you'd like to contact me regarding potentially representing you with regards to your legal matter, please click on my profile and give my office a call. My answer to your Avvo question, however, is informational only and is not intended to be legal advice, nor does it form the basis for any attorney-client relationship whatsoever, which can only be formed upon signing an Engagement Agreement and depositing a Retainer Fee into client trust. Further, I am only licensed in Oregon and laws vary from state to state. If you have an Oregon-related issue, feel free to contact me for a consultation. If you are outside of Oregon, please consult an attorney in your area for legal advice.

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Asker

Posted

What do you mean by so long as your employer isn't able to demonstrate and prove that you were fired "for cause." Isn't being fired showing cause?

Kevin Elliott Parks

Kevin Elliott Parks

Posted

No; an employer can terminate an employee for any reason, or no reason at all, so long as it's not an illegal reason. Depending on the circumstances, you can be fired without cause and have no recourse other than to apply and receive UI benefits. If you're fired for cause, and the employer can prove that, then you'd be disqualified from receiving UI benefits. Being fired "for cause" can entail is a wide range of things, but is essentially being fired for "misconduct." See http://www.oregonlaws.org/ors/657.176

Posted

If you are fired for theft, your unemployment benefits claim may be denied. As Mr. Parks pointed out, if your benefits are denied, you can request a hearing. If you do not steal anything, do not sign something for your employer which says you did. A signed admission of a theft is evidence that your discharge was for misconduct, which disqualifies you from receiving unemployment benefits.

DISCLAIMER: The above-offered information does not create an attorney-client privilege, and should be considered general information.

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Posted

So, I when to a hearing and they showed me video which clearly doesnt show me taking anything, but now are asking for bank statement to show where items where purchased that I sold on ebay. I feel that they are fishing still the video shows nothing.. where do I sand... and the kicker is that the public safety office involved in this is a ex police officer that serverd warrents at a house that I was at 18 years old.

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