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Oregon Unemployment Denial Hearings: Five Steps to Help you Prepare. PART B: Steps 3-5

This is a continuation of a five-step guide to preparing for unemployment hearings in Oregon. Please see PART A for steps 1-2.

Step 3. Organize your thoughts.

If you want to have a successful telephone hearing, you must organize your thoughts before presenting your case. Preparation is always the key to winning a hearing. Know exactly what your argument for termination or voluntary leave is. Know exactly which witnesses you are going to call to the stand and which evidence you will present. Practice your opening and closing statements before your first delivery.

Step 4. Prepare your witnesses and evidence for the hearing.

If you have a witness that can support your case, it will be up to you to properly question this witness at the hearing. Don't rely on the judge. Your witness must testify to something that supports the issue of misconduct or voluntary quit. You will need to prepare relevant questions to ask this witness beforehand. This will allow the witness to articulate to the judge why you were not fired for misconduct or you had good cause to leave your employment.

Any evidence or witness lists that you will present at the hearing must be delivered to the court and other parties far in advance. If the judge and other parties do not have a copy of the evidence you wish to present, it may not be admitted.

Step 5. Don’t leave anything out, and consult an attorney if you are unsure about how to proceed.

If there is something important that needs to be said at the hearing, make sure you say it. Just like physical evidence, your testimony will only be taken once. This testimony will be recorded and reviewed by the judge, and if you need to appeal the decision, it will be reviewed by the appeals board. You will almost never have an opportunity to testify a second time.

If you are unsure about how to proceed at this point, consult an attorney for further advice. The Employment Department has also provided a helpful guide to administrative hearings at:

http://www.oregon.gov/OAH/docs/UI_Hearing_Info_UIPUB91_0106.pdf

Good Luck.

NOTE: THIS INFORMATION IS NOT MEANT TO DELIVER LEGAL ADVICE OR A LEGAL OPINION. IN NO WAY IS THIS INFORMATION MEANT TO REPLACE THE ADVICE OF LEGAL COUNSEL.

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