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2023 Oklahoma Statutes › Title 40. Labor › §40-2-404.1. Leaving work voluntarily of temporary employee.

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 special assignments and projects;
2. "Temporary employee" means an employee assigned to work for the clients of a temporary help firm; and
3. "Good cause" means a reason that is significant and would compel an average reasonable worker, who would otherwise want a suitable job assignment with a client of the temporary help firm, to fail to contact the temporary help firm, to refuse an offered assignment, or to be unavailable for assignment; and
4. "Suitable job assignment" means work, either full-time or part-time for one or more days or portions thereof, that is in keeping with the education, training, experience, and ability of the individual to perform.
B. A temporary employee of a temporary help firm will be deemed to have left his or her last work voluntarily without good cause connected with the work if the temporary employee:
1. Does not contact the temporary help firm for reassignment on completion of an assignment. The temporary help firm shall establish the manner for a temporary employee to communicate that his or her assignment has ended and that he or she is available for reassignment at any time;
2. Refuses a suitable job assignment, without good cause;
3. Communicates his or her decision to cease seeking assignment for any period of time;
4. Becomes unavailable to accept a suitable job assignment, without good cause; or
5. Accepts employment with a client of the temporary help firm.
On and after the effective date of this act, the provisions of this subsection shall apply only if the temporary employee has been advised of the obligations and been provided a copy of a separate document written in clear and concise language that states the provisions in this section and that unemployment benefits may be denied for failure to comply.
C. For the purposes of the Employment Security Act of 1980, the temporary help firm is deemed to be the employer of the temporary employee.
Added by Laws 1995, c. 340, § 7, eff. July 1, 1995. Renumbered from § 2-404A of this title by Laws 2006, c. 176, § 29, eff. July 1, 2006. Amended by Laws 2013, c. 105, § 1, eff. July 1, 2013.
2023 Oklahoma Statutes › Title 40. Labor › §40-2-404.2. Work of a limited duration of time.

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 separation was due only to the completion of the work or the expiration of the time period.
B. When an employer employs a worker for a limited duration of time specified by the worker, the worker is considered to have voluntarily quit work at the end of the time period set by the worker, provided that the worker’s separation was due only to the expiration of the time period.
Added by Laws 2003, c. 177, § 2, eff. Nov. 1, 2003. Renumbered from § 2-404B of this title by Laws 2006, c. 176, § 29, eff. July 1, 2006.
2023 Oklahoma Statutes › Title 40. Labor › §40-2-405. Determining good cause.

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, safety, or morals, that leaving the work was justified;
2. Substantially unfair treatment of the employee or the creating of substantially difficult working conditions by the employer; or
3. If the claimant, pursuant to an option provided under a collective bargaining agreement or written employer plan which permits waiver of his or her right to retain the employment when there is a layoff, has elected to be separated and the employer has consented thereto.
Added by Laws 1980, c. 323, § 2-405, eff. July 1, 1980. Amended by Laws 1981, c. 259, § 7, emerg. eff. June 25, 1981; Laws 1997, c. 30, § 8, eff. July 1, 1997; Laws 1998, c. 161, § 8, eff. July 1, 1998; Laws 2003, c. 177, § 3, eff. Nov. 1, 2003; Laws 2005, c. 182, § 4, eff. Nov. 1, 2005; Laws 2006, c. 176, § 6, eff. July 1, 2006; Laws 2009, c. 460, § 3, eff. Nov. 1, 2009; Laws 2013, c. 71, § 5, eff. Nov. 1, 2013.
2023 Oklahoma Statutes › Title 40. Labor › §40-2-406. Discharge for misconduct.

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 misconduct as defined by this section. Such burden of proof is satisfied by the employer, or its designated representative, providing a signed affidavit, or presenting such other evidence which properly demonstrates the misconduct which resulted in the discharge. Once this burden is met, the burden then shifts to the discharged employee to prove that the facts are inaccurate or that the facts as stated do not constitute misconduct as defined by this section. Disqualification under this section shall continue for the full period of unemployment next ensuing after the employee has been discharged for misconduct connected with the employee's work and until such individual has become reemployed and has earned wages equal to or in excess of ten (10) times the weekly benefit amount.
B. Acts which constitute misconduct under this section shall be limited to the following:
1. Any intentional act or omission by an employee which constitutes a material or substantial breach of the employee's job duties or responsibilities or obligations pursuant to the employee's employment or contract of employment;
2. Unapproved or excessive absenteeism or tardiness;
3. Indifference to, breach of or neglect of the duties required which result in a material or substantial breach of the employee’s job duties or responsibilities;
4. Acts or omissions that place in jeopardy the health, life, or property of self or others;
5. Dishonesty;
6. Wrongdoing;
7. Violation of a law; or
8. A violation of a policy or rule enacted to ensure orderly and proper job performance or for the safety of self or others.
C. Any misconduct violation as defined in subsection B of this section shall not require a prior warning from the employer. As long as the employee knew, or should have reasonably known, that a rule or policy of the employer was violated, the employee shall not be eligible for benefits.
D. Any finding by a state or federal agency of any failure by the employee to meet the applicable civil, criminal or professional standards of the employee's profession shall create a rebuttable presumption of such misconduct, and benefits shall be denied, unless the employee can show, with clear and convincing evidence, that such misconduct did not occur, or the Commission determines that such failure did not constitute misconduct as defined herein.
Added by Laws 1980, c. 323, § 2-406, eff. July 1, 1980. Amended by Laws 2013, c. 148, § 2, eff. Nov. 1, 2013; Laws 2014, c. 220, § 3, eff. Nov. 1, 2014; Laws 2021, c. 424, § 5, eff. Nov. 1, 2021.
2023 Oklahoma Statutes › Title 40. Labor › §40-2-406.1. Discharge for refusal to undergo drug or alcohol 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 have been discharged for misconduct and shall be disqualified for benefits pursuant to the provisions of Section 2-406 of this title.
2. In any challenge to a positive drug or alcohol test, the claimant has the burden to prove that the test was not properly conducted. The employer must provide the chain of custody documentation at the request of any claimant challenging his or her test result.
3. When the claimant fails to request a confirmation test pursuant to Section 556 of this title, the claimant shall not be eligible for benefits.
B. In any claim brought by the discharged employee for compensation, a written report of the drug or alcohol test results shall be accepted as prima facie evidence of the administration and results of the drug or alcohol test. If challenged by the claimant as provided in paragraph 2 of subsection A of this section, the written report of the drug or alcohol test results shall be acceptable for presentation as evidence with the chain of custody of the sample properly documented.
Added by Laws 1993, c. 355, § 16, emerg. eff. June 10, 1993. Amended by Laws 2006, c. 176, § 7, eff. July 1, 2006. Renumbered from § 2-406A of this title by Laws 2006, c. 176, § 29, eff. July 1, 2006. Amended by Laws 2007, c. 78, § 1, eff. Nov. 1, 2007; Laws 2012, c. 196, § 3, emerg. eff. May 8, 2012; Laws 2013, c. 148, § 3, eff. Nov. 1, 2013.
2023 Oklahoma Statutes › Title 40. Labor › §40-2-408. Suitable work.

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, the distance of available work from his residence and prospects for obtaining local work.
(2) Suitable work shall be defined as employment in an occupation in keeping with the individual's prior work experience, education or training, or having no prior work experience, special education or training for occupations available in the general area then, employment for which the individual would have the physical and mental ability to perform.
(3) Upon receipt of fifty percent (50%) of his benefits, suitable work shall not be limited to his customary or registered occupation.
(4) If the majority of the weeks of work in an individual's base period includes part-time work, the individual shall not be denied unemployment benefits under any provisions of this act relating to availability for work, active search for work, or failure to accept work, solely because the individual is seeking only part-time work. The phrase "seeking only part-time work", as used in this subsection, means the individual claiming unemployment benefits is available for a number of hours per week that are comparable to the individual’s part-time work experience in the base period.
Added by Laws 1980, c. 323, § 2-408, eff. July 1, 1980. Amended by Laws 2009, c. 460, § 4, eff. Nov. 1, 2009.
2023 Oklahoma Statutes › Title 40. Labor › §40-2-409. Conditions exempting otherwise suitable work.

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 conditions:
(1) If the position offered is vacant due directly to a strike, lockout or other labor dispute;
(2) If the wages, hours, or other conditions of the work offered are substantially less favorable to the individual than those prevailing for similar work in the locality;
(3) If as a condition of being employed the individual would be required to join a company union or to resign from or refrain from joining any bona fide labor organization;
(4) If the new work involved a substantial degree of risk to his health, safety or morals.
Added by Laws 1980, c. 323, § 2-409, eff. July 1, 1980.
2023 Oklahoma Statutes › Title 40. Labor › §40-2-410. Participation in labor disputes.

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 was last employed, because of a labor dispute.
(2) This section shall not apply if it is shown that:
(a)
He is not participating in or directly interested in the labor dispute which caused the stoppage of work;
(b)
He does not belong to a grade or class of workers of which, immediately before the commencement of the stoppage, there were members employed at the premises at which the stoppage occurs, any of whom are participating in or directly interested in the dispute; or
(c)
The employer has locked out his employees.
(3) Provided, that if in any case separate branches of work which are commonly conducted as separate businesses in separate premises are conducted in separate departments of the same premises, each such department shall, for the purpose of this section, be deemed to be a separate factory, establishment or other premises.
Added by Laws 1980, c. 323, § 2-410, eff. July 1, 1980.
2023 Oklahoma Statutes › Title 40. Labor › §40-2-411. Retirement payments.

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 pension, retirement or retired pay, annuity or any other similar periodic retirement payment which is based on the previous work of such individual if:
a.
such pension, retirement or retired pay, annuity or similar payment is under a plan maintained, or contributed to, by a base period and chargeable employer, and
b.
in the case of such a payment not made under the Railroad Retirement Act of 1974, 45 U.S.C., Section 231 et seq., services performed for such employer by the individual after the beginning of the base period, or remuneration for such services, affect eligibility for or increase the amount of, such pension, retirement or retired pay, annuity or similar payment.
2. If the total of such remuneration is less than the benefits which would otherwise be due under the Employment Security Act of 1980, Section 1-101 et seq. of this title, the individual shall be entitled to receive for such week, if otherwise eligible, benefits reduced by the amount of such remuneration.
3. If payments referred to in this section are being received by an individual under the federal Social Security Act, the Commission shall take into account the individual's contribution to Social Security and make no reduction in the weekly benefit amount.
Added by Laws 1980, c. 323, § 2-411, eff. July 1, 1980. Amended by Laws 1981, c. 259, § 8, emerg. eff. June 25, 1981; Laws 1982, c. 304, § 6, operative Oct. 1, 1982; Laws 1993, c. 46, § 1, emerg. eff. April 9, 1993; Laws 1995, c. 340, § 8, eff. July 1, 1995; Laws 2007, c. 354, § 4, eff. Nov. 1, 2007; Laws 2010, c. 179, § 4, emerg. eff. April 28, 2010; Laws 2018, c. 14, § 5, eff. Nov. 1, 2018.
2023 Oklahoma Statutes › Title 40. Labor › §40-2-412. Receiving benefits from another state.

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. Provided, that if the appropriate agency of such other state or of the United States in which the individual was seeking benefits, but had not received benefits, finally determines that he is not entitled to such unemployment benefits, this disqualification shall not apply.
Added by Laws 1980, c. 323, § 2-412, eff. July 1, 1980.
2023 Oklahoma Statutes › Title 40. Labor › §40-2-414. Pregnant women not disqualified.

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.
2023 Oklahoma Statutes › Title 40. Labor › §40-2-415. Participating in sports or athletic events.

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 the period between two successive sport seasons or similar periods if such individual performed such services in the first of such season or similar periods and there is a reasonable assurance that such individual will perform such services in the latter part of such seasons or similar periods.
Added by Laws 1980, c. 323, § 2-415, emerg. eff. June 13, 1980.
2023 Oklahoma Statutes › Title 40. Labor › §40-2-416. Prohibition against disqualification of individuals 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 Trade Act of 1974. An individual shall not be denied benefits by reason of leaving work to begin or continue such training, provided the work left is not suitable employment, or because of the application, to any such week in training, of the provisions of the Employment Security Act of 1980 or any applicable federal unemployment compensation law, relating to availability for work, active search for work, or refusal to accept work. For purposes of this section, the term "suitable employment" means with respect to an individual, work of a substantially equal or higher skill level than the adversely affected past employment of the individual, as defined for purposes of the Trade Act of 1974, and wages for such work at not less than eighty percent (80%) of the average weekly wage of the individual as determined for the purposes of the Trade Act of 1974.
Added by Laws 1982, c. 304, § 7, eff. Oct. 1, 1982. Amended by Laws 2006, c. 176, § 8, eff. July 1, 2006; Laws 2007, c. 354, § 5, eff. Nov. 1, 2007.
2023 Oklahoma Statutes › Title 40. Labor › §40-2-417. Seek and accept work - Week of occurrence 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 generally available in that area of the state in keeping with his or her prior experience, education and training;
2. Make application for work with employers who could reasonably be expected to have work available; or
3. Present oneself as an applicant for employment in a manner designed to encourage favorable employment consideration.
B. The requirements of subsection A of this section shall be waived if the individual has been summoned to appear for jury duty before any court of the United States or of any state. The waiver will continue for as long as the individual remains on jury duty pursuant to the original summons.
Added by Laws 1994, c. 166, § 1, eff. Sept. 1, 1994. Amended by Laws 1995, c. 340, § 9, eff. July 1, 1995; Laws 2006, c. 176, § 9, eff. July 1, 2006; Laws 2015, c. 249, § 5, eff. Nov. 1, 2015.
2023 Oklahoma Statutes › Title 40. Labor › §40-2-418. Seek and accept work - Indefinite disqualification.

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 Sections 2-408 and 2-409 of this title, from an employer including any former employer;
2. Apply for or accept suitable work, as defined by Sections 2-408 and 2-409 of this title, when so directed by the Commission; or
3. Accept employment pursuant to a hiring hall agreement when so offered.
Such disqualification shall continue until the individual has become reemployed and has earned wages equal to or in excess of ten times his or her weekly benefit amount.
B. An employer who provides evidence of an offer of suitable work pursuant to paragraph 1 of subsection A of this section shall be proof of the failure of the individual to meet this requirement and shall result in the immediate cessation of benefits until a determination can be made by the Commission. The Commission shall conduct a timely investigation of any such claim and verify the offer of suitable work.
C. Any individual who shall have failed in any of the requirements of subsection A of this section due to illness, death of a family member or other extenuating circumstance beyond his or her control shall be disqualified for regular benefits under this section only for the week of the occurrence of such circumstance beyond his or her control.
Added by Laws 1994, c. 166, § 2, eff. Sept. 1, 1994. Amended by Laws 2011, c. 256, § 3; Laws 2013, c. 148, § 4, eff. Nov. 1, 2013; Laws 2018, c. 14, § 6, eff. Nov. 1, 2018.
2023 Oklahoma Statutes › Title 40. Labor › §40-2-419. Acceptance of accelerated buyout of employment contract - 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 ensuing after the individual has accepted the contract buyout connected with the work of the individual and until such individual has become reemployed and has earned wages equal to or in excess of ten times the weekly benefit amount of the individual.
For purposes of this section, “accelerated buyout” shall mean a purchase of the remaining terms of a written employment contract in a single payment of One Hundred Thousand Dollars ($100,000.00) or more.
Added by Laws 2004, c. 88, § 1, emerg. eff. April 13, 2004.
2023 Oklahoma Statutes › Title 40. Labor › §40-2-420. Failure to personally appear as directed.

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 appear, the individual's claim for unemployment benefits will be disqualified indefinitely by the Commission until the individual makes a personal appearance as directed. An individual who has been disqualified indefinitely by the provisions of this section shall be disqualified for all weeks between the initial failure and the compliance with this section.
Added by Laws 2015, c. 249, § 6, eff. Nov. 1, 2015.
2023 Oklahoma Statutes › Title 40. Labor › §40-2-421. Failure to participate in reemployment services through 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 benefit claimants who will be likely to exhaust unemployment benefits and who will need job-search assistance services to make a successful transition to new employment. Any claimant who has been referred to re-employment services pursuant to the selection system and who fails to participate in the re-employment services made available to the claimant, shall be disqualified to receive benefits for each week in which the failure occurs, unless the Commission determines that:
1. The claimant has previously completed the re-employment services within the benefit year; or
2. There is good cause for the claimant's failure to participate in re-employment services.
Added by Laws 2015, c. 249, § 7, eff. Nov. 1, 2015. Amended by Laws 2019, c. 251, § 4, eff. July 1, 2019.
2023 Oklahoma Statutes › Title 40. Labor › §40-2-502. Posting of information.

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 employer shall supply to its employees copies of statements or other materials relating to claims for benefits when and as the Commission may by rule prescribe. Statements and other materials shall be supplied by the Commission to all Oklahoma employers through the Internet website of the Commission, without cost to the employer.
Added by Laws 1980, c. 323, § 2-502, eff. July 1, 1980. Amended by Laws 1993, c. 219, § 9, eff. Sept. 1, 1993; Laws 2010, c. 216, § 6, eff. July 1, 2010.
2023 Oklahoma Statutes › Title 40. Labor › §40-2-503. Claims, notices, and objections.

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 claim to the last employer of the claimant for whom the claimant worked at least fifteen (15) working days. These days are not required to be consecutive. Provided, that promptly after the Commission is notified of the claimant's separation from employment obtained during a continued claim series, the Commission shall give notice of the claim to the last separating employer. Notices to separating employers during a continued claim series will be given to the last employer in the claim week without regard to length of employment. Each notice shall contain an admonition that failure to respond to the notice could affect the employer's tax rate.
C. Promptly after the claim is paid for the fifth week of benefits the Commission shall give written notice of the claim to all other employers of the claimant during the claimant's base period. The notice will be given by electronic means, or if the employer has opted out of such method of communication, the notice will be sent by mail.
D. Notice shall be deemed to have been given when the Commission transmits the notice by electronic means or, if the employer has opted out of such method of communication, the notice will be sent by mail.
E. Within ten (10) days after the date the notice is emailed, an employer may send by email all objections to the claim setting forth specifically the facts which:
1. Make the claimant ineligible for benefits under Sections 2-201 through 2-210 of this title;
2. Disqualify the claimant from benefits under Sections 2-401 through 2-417 and 2-419 of this title; or
3. Relieve employer from being charged for the benefit wages of such claimant.
F. An untimely employer objection to a claim for unemployment benefits made pursuant to subsection E of this section may be allowed for good cause shown.
Added by Laws 1980, c. 323, § 2-503, eff. July 1, 1980. Amended by Laws 1981, c. 259, § 9, emerg. eff. June 25, 1981; Laws 1993, c. 219, § 10, eff. Sept. 1, 1993; Laws 1995, c. 340, § 10, eff. Jan. 1, 1996; Laws 1997, c. 30, § 9, eff. July 1, 1997; Laws 2004, c. 102, § 4, eff. Nov. 1, 2004; Laws 2008, c. 132, § 8, eff. Nov. 1, 2008; Laws 2012, c. 196, § 4, emerg. eff. May 8, 2012; Laws 2013, c. 71, § 6, eff. Nov. 1, 2013; Laws 2014, c. 220, § 6, eff. Nov. 1, 2014; Laws 2018, c. 14, § 7, eff. Nov. 1, 2018; Laws 2019, c. 251, § 5, eff. July 1, 2019; Laws 2021, c. 424, § 7, eff. Nov. 1, 2021; Laws 2022, c. 360, § 14, eff. Nov. 1, 2022.
2023 Oklahoma Statutes › Title 40. Labor › §40-2-503.1. Filing of employer protest and documents through employer portal.

FILING OF EMPLOYER PROTEST AND DOCUMENTS THROUGH EMPLOYER PORTAL.
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 2-503 of this title. Unless the employer has opted out of receiving electronic communications and filed their statement of objection through any method listed in Section 1-224 of this title, the statement of objection must be filed through the employer portal and must contain a statement of specific facts and documentation which:
1. Disclose the name and Social Security number of the employee;
2. Make the claimant ineligible for benefits under Sections 2-201 through 2-210 of this title;
3. Disqualify the claimant for benefits under Sections 2-401 through 2-419 of this title; or
4. Relieve the employer from being charged for the benefit wages of this claimant.
B. Any timely statement of objection filed shall be considered a valid protest to a claim for unemployment benefits and the employer shall be considered an interested party to the claim. A statement of objection filed outside the time period or in any manner other than as set out in subsection A of this section shall not be considered a valid protest to a claim for unemployment of the former employee, and the employer shall not be considered an interested party to the claim.
Added by Laws 2015, c. 249, § 8, eff. April 30, 2016. Amended by Laws 2022, c. 360, § 15, eff. Nov. 1, 2022.
2023 Oklahoma Statutes › Title 40. Labor › §40-2-504. Determinations of benefits.

DETERMINATIONS OF BENEFITS. A determination upon a claim for benefits shall be made promptly by a representative of the Commission. It shall include a statement as to whether and in what amount claimant is entitled to benefits for the week with respect to which the determination is made. In the event the claimant is determined to be ineligible for or disqualified from benefits under Part 2 or Part 4 of this Article the determination shall state the reasons therefor. The initial determination in a benefit year shall include a statement as to whether the claimant has been paid the wages required under this act, and if so, the beginning and ending dates of the benefit year, the weekly benefit amount, and the maximum total amount of benefits payable to him with respect to such benefit year.
Added by Laws 1980, c. 323, § 2-504, eff. July 1, 1980.
2023 Oklahoma Statutes › Title 40. Labor › §40-2-505. Determinations in labor dispute cases.

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 thereto to an appeal tribunal which shall make a determination upon the issues involved under that section. Such appeal tribunal shall make the determination thereon after affording the claimant and each employer who filed an objection an opportunity for a hearing in accordance with the provisions of this section with respect to hearings and determinations of appeal tribunals. The parties shall be promptly notified of the determination, together with the reasons therefor. Such determination shall be the final decision on the claim, unless, within ten (10) days after the mailing of notice to a party's last-known address, appeal is filed with the Board of Review.
Added by Laws 1980, c. 323, § 2-505, eff. July 1, 1980. Amended by Laws 1981, c. 259, § 10, emerg. eff. June 25, 1981.
2023 Oklahoma Statutes › Title 40. Labor › §40-2-506. Redeterminations.

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 connection therewith, have been newly determined, or that reimbursed pay or back pay was received by a claimant under circumstances that would reduce the amount of benefits drawn, or that benefits have been allowed or denied or the amount of benefits fixed on the basis of misrepresentation or mistake of material facts, but no such redetermination shall be made after the expiration of the benefit year established by the initial determination, except that a determination made because of a false statement or representation or failure to disclose a material fact in violation of Section 5-102 or 5-103 of this title may be redetermined within two (2) years from the date of such false statement or representation or failure to disclose. Notice of any such redetermination shall be promptly given to the parties entitled to notice of the original determination, in the manner prescribed in the Employment Security Act of 1980 with respect to notice of an original determination. If the amount of benefits is increased upon such redetermination, an appeal therefrom solely with respect to the matters involved in such increase may be filed in the manner and subject to the limitations provided in Part 5 of Article 2 of the Employment Security Act of 1980. If the amount of benefits is decreased upon such redetermination, the matters involved in such decrease shall be subject to review in connection with an appeal by claimant from any determination upon a subsequent claim for benefits which may be affected in amount or duration by such redetermination. Subject to the same limitations and for the same reasons, the Commission may reconsider the determination in any case in which the final decision has been rendered by an appeal tribunal, the Board of Review or a court, and may apply to the body or court which rendered such final decision to issue a revised decision. In the event that an appeal involving an original determination is pending as of the date a redetermination thereof is issued, such appeal, unless withdrawn, shall be treated as an appeal from such redetermination.
Added by Laws 1980, c. 323, § 2-506, eff. July 1, 1980. Amended by Laws 2007, c. 354, § 6, eff. Nov. 1, 2007; Laws 2014, c. 220, § 7, eff. Nov. 1, 2014.
2023 Oklahoma Statutes › Title 40. Labor › §40-2-507. Notice of determinations.

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 set out by Oklahoma Employment Security Commission rules. Notice of a determination shall also be given promptly to the last employer of the claimant, for whom the claimant worked at least fifteen (15) working days, that objected to the claim in accordance with the provisions of subsection E of Section 2-503 of this title and to each other employer who timely filed a written objection to the claim. If the employer has elected to be notified by electronic means according to procedures set out in Oklahoma Employment Security Commission rules, notice shall be deemed to be given when the Commission transmits the notification by electronic means.
Added by Laws 1980, c. 323, § 2-507, emerg. eff. June 13, 1980. Amended by Laws 1981, c. 259, § 11, emerg. eff. June 25, 1981; Laws 1997, c. 30, § 11, eff. July 1, 1997; Laws 2012, c. 196, § 5, emerg. eff. May 8, 2012.
2023 Oklahoma Statutes › Title 40. Labor › §40-2-601. Applicability.

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 1980, c. 323, § 2-601, eff. Oct. 1, 1980.
2023 Oklahoma Statutes › Title 40. Labor › §40-2-602. Appeal referees.

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 the Commission or one of its representatives shall be assigned to a referee who shall conduct a hearing after notice to the parties, receive the evidence in such hearing and decide the appeal.
Added by Laws 1980, c. 323, § 2-602, eff. Oct. 1, 1980. Amended by Laws 1982, c. 304, § 8, operative Oct. 1, 1982; Laws 1991, c. 295, § 1, eff. Sept. 1, 1991.
2023 Oklahoma Statutes › Title 40. Labor › §40-2-603. Appeal tribunal.

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) days after the date of mailing of the notice to the claimant’s or other party’s last-known address or, if the notice is not mailed, within ten (10) days after the date of delivery of the notice. The claimant or other party may file an appeal in any manner allowed by Section 1-224 of this title or by telephone to the Commission’s call center. In order to be considered timely, filing of an appeal made by telephone through a claims representative must be completed before the end of normal business hours.
Added by Laws 1980, c. 323, § 2-603, eff. Oct. 1, 1980. Amended by Laws 2002, c. 452, § 12, eff. Nov. 1, 2002; Laws 2010, c. 216, § 7, eff. July 1, 2010.
2023 Oklahoma Statutes › Title 40. Labor › §40-2-604. Hearing.

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 appeal involves a question as to whether services were performed by claimant in employment or for an employer, or as to amount of wages reported by an employer for claimant, the tribunal referee shall give special notice of such issue and of the pendency of the appeal by mail to the employer and to the Commission, both of whom shall thenceforth be parties to the proceeding and be afforded a reasonable opportunity to adduce evidence bearing on such questions; provided, that any party who enters an appearance before the tribunal referee waives the requirement of special notice by mail.
Added by Laws 1980, c. 323, § 2-604, eff. Oct. 1, 1980.
2023 Oklahoma Statutes › Title 40. Labor › §40-2-605. Notice of referee decision.

NOTICE OF REFEREE DECISION.
The parties shall be promptly notified of such referee's decision and shall be furnished with a copy of the decision, including the findings and conclusions in support thereof. The decision shall be provided to the party by the agency's digital portal or email unless the party notifies the agency that they opted out from receiving notices by email pursuant to Section 11 of this act. Such decision shall be final unless, within ten (10) days after the date notice is deemed given, further review before the Board of Review is initiated pursuant to Section 2-606 of this title.
Added by Laws 1980, c. 323, § 2-605, eff. Oct. 1, 1980. Amended by Laws 2011, c. 256, § 4; Laws 2022, c. 360, § 16, eff. Nov. 1, 2022.
2023 Oklahoma Statutes › Title 40. Labor › §40-2-606. Appeals from tribunal referee decisions to Board of Review.

APPEALS FROM TRIBUNAL REFEREE DECISIONS TO BOARD OF REVIEW.
The Board of Review shall review the record of an appeal filed by any of the parties entitled to notice on a determination of an appeal tribunal referee. On appeal, the Board of Review may affirm, modify, reverse, or remand any decision of an appeal tribunal referee on the basis of evidence previously submitted, or on the basis of additional evidence received by an appeal tribunal referee on remand. The Board of Review shall promptly notify the parties of its decision in writing, and the decision shall be final unless within thirty (30) days after notice is deemed given, a proceeding for judicial review is initiated pursuant to Section 2-610 of this title.
Added by Laws 1980, c. 323, § 2-606, eff. Oct. 1, 1980. Amended by Laws 1982, c. 304, § 9, operative Oct. 1, 1982; Laws 2004, c. 102, § 5, eff. Nov. 1, 2004; Laws 2010, c. 216, § 8, eff. July 1, 2010; Laws 2011, c. 256, § 5; Laws 2022, c. 360, § 17, eff. Nov. 1, 2022.
2023 Oklahoma Statutes › Title 40. Labor › §40-2-607. Rules and procedures in appeals.

RULES AND PROCEDURES IN APPEALS.
The Board of Review shall adopt reasonable rules governing the manner of filing appeals and the conduct of hearings and appeals before the Board of Review, consistent with the provisions of the Employment Security Act of 1980. The Oklahoma Employment Security Commission shall adopt and, from time to time, may modify and amend rules governing appeals before the Appeal Tribunal of the Commission and its referees. The Oklahoma Employment Security Commission shall create and maintain a precedent manual to reflect current statutes and statutory changes along with current case law that is applicable to questions of law which may arise during hearing or appeals. The precedent manual shall be updated by the Commission within thirty (30) days of the effective date of any statutory changes and shall be available at the offices of the Commission and on any Internet website maintained by the Commission. When the same or substantially similar evidence is relevant and material to the matters in issue in claims by more than one individual or in claims by a single individual with respect to two (2) or more weeks of unemployment, the same time and place for considering each such claim may be fixed, hearings thereon jointly conducted, a single record of the proceedings made, and evidence introduced with respect to one proceeding considered as introduced in the others, provided that in the judgment of the appeal tribunal referee having jurisdiction of the proceeding, such consolidation would not be prejudicial to any party. No person shall participate as an appeal tribunal referee or member of the Board of Review on any case in which the person has a personal interest. A record shall be kept of all testimony and proceedings before an appeal tribunal referee, but the testimony need not be transcribed unless judicial review is initiated. Witnesses subpoenaed pursuant to this section shall be allowed fees at a rate fixed by the Commission, and fees of witnesses subpoenaed on behalf of the Commission, the employer, or any claimant, shall be deemed part of the expense of administering the Employment Security Act of 1980.
Added by Laws 1980, c. 323, § 2-607, eff. Oct. 1, 1980. Amended by Laws 1982, c. 304, § 10, operative Oct. 1, 1982; Laws 1990, c. 333, § 4, emerg. eff. May 31, 1990; Laws 1998, c. 161, § 9, eff. July 1, 1998; Laws 2011, c. 256, § 6; Laws 2016, c. 287, § 4, eff. Nov. 1, 2016.
2023 Oklahoma Statutes › Title 40. Labor › §40-2-608. Conclusiveness of determinations and decisions.

CONCLUSIVENESS OF DETERMINATIONS AND DECISIONS.
Except insofar as reconsideration of any determination is had under Section 2-506 of this title, any right, fact, or matter in issue, directly passed upon or necessarily involved in a determination or redetermination which has become final, or in a decision on appeal under this subsection which has become final, shall be conclusive for all the purposes of this act as between the Commission, the claimant, and all employers who had notice of such determination, redetermination, or decision. Subject to appeal proceedings and judicial review as provided in this title, any determination, redetermination or decision as to rights to benefits shall be conclusive for all the purposes of this act and shall not be subject to collateral attack by any party.
Added by Laws 1980, c. 323, § 2-608, eff. Oct. 1, 1980. Amended by Laws 2011, c. 256, § 7.
2023 Oklahoma Statutes › Title 40. Labor › §40-2-609. Rule of decision.

RULE OF DECISION.
A final decision of the Board of Review and the principles of law declared in arriving at such decision, unless expressly or impliedly overruled by the passage of a more recent statute, by a later decision of the Board of Review, or by a court of competent jurisdiction, shall be binding upon the Commission and Appeal Tribunal referees in subsequent proceedings which involve the same questions of law or fact. In no event shall a decision of the Board of Review, or by a court of competent jurisdiction, decided prior to a change in law by the Legislature supersede or be binding upon the Commission, Appeal Tribunal referees, Board of Review, or any court of competent jurisdiction in proceedings subsequent to the passage of statutory changes.
Added by Laws 1980, c. 323, § 2-609, eff. Oct. 1, 1980. Amended by Laws 2011, c. 256, § 8; Laws 2014, c. 220, § 8, eff. Nov. 1, 2014; Laws 2016, c. 287, § 5, eff. Nov. 1, 2016.
2023 Oklahoma Statutes › Title 40. Labor › §40-2-610. Judicial review.

JUDICIAL REVIEW.
A. Within the thirty (30) days after the day a notice of decision of the Board of Review is mailed to the parties, the Oklahoma Employment Security Commission, or any party to the proceedings before the Board of Review, may obtain judicial review by filing in the district court of the county in which the claimant resides, or if the claimant is not a resident of the State of Oklahoma then in the District Court of Oklahoma County, a petition for review of the decision of the Board of Review. The petition for review shall set out the names of all codefendants in the style of the case, which shall include:
1. The Board of Review;
2. The Oklahoma Employment Security Commission; and
3. All other parties to the proceeding before the Board of Review.
The petition for review need not be verified but shall state specifically the grounds upon which the review is sought. A copy of the petition for review shall be served upon the Board of Review at its official address and the petitioner shall also deliver to the Board of Review as many copies of the petition as there are defendants. The Board of Review shall issue to each party to the proceeding a copy of the petition and the issuance shall be deemed to be service upon all the parties. In any proceeding under this section the findings of the Board of Review as to the facts, if supported by evidence, shall be conclusive and the jurisdiction of the court shall be confined to questions of law. No additional evidence shall be received by the court, but the court may remand the case and order additional evidence to be taken by the Appeal Tribunal of the Oklahoma Employment Security Commission.
B. Within sixty (60) days of the date of service of the petition on the Board of Review, the Board of Review shall file with the court a certified copy of the record of the case, including all documents and papers properly admitted into evidence and a transcript of all testimony taken in the matter, together with the Board of Review's findings, conclusions and decision.
C. The proceedings shall be heard in a summary manner and shall be given precedence over all other civil cases. An appeal may be taken from the decision of the district court to the Supreme Court of this state in the same manner as is provided in other civil cases. It shall not be necessary as a condition precedent to judicial review of any decision of the Board of Review to enter exceptions to the rulings of the Board, and no bond shall be required as a condition of initiating a proceeding for judicial review or entering an appeal from the decision of the court. Upon the final termination of the judicial proceeding, the Board of Review shall enter an order in accordance with the mandate of the district or appellate court.
Added by Laws 1980, c. 323, § 2-610, eff. Oct. 1, 1980. Amended by Laws 2006, c. 176, § 10, eff. July 1, 2006; Laws 2008, c. 132, § 9, eff. Nov. 1, 2008; Laws 2011, c. 256, § 9; Laws 2021, c. 424, § 8, eff. Nov. 1, 2021.
2023 Oklahoma Statutes › Title 40. Labor › §40-2-610.1. Conclusiveness of proceedings.

Any findings of fact or law, judgment, conclusion or final order made by the Oklahoma Employment Security Commission, its referees, the Appeal Tribunal or Board of Review in an unemployment insurance proceeding shall not be conclusive or binding in any separate or subsequent action or proceeding, and shall not be used as evidence in any separate or subsequent action or proceeding, between an individual and his or her present or prior employer in any other forum regardless of whether or not the prior action was between the same or related parties or involved the same facts.
Added by Laws 1991, c. 295, § 2, eff. Sept. 1, 1991. Renumbered from § 2-610A of this title by Laws 2006, c. 176, § 29, eff. July 1, 2006.