If the serious situation was caused by your own actions, the Employment Department also will take this into account. While each individual situation is unique, some examples of good cause to leave work may include: certain types of unlawful conduct by the employer unlawful harassment illness of an immediate family member who requires care (if your employer will not allow you the time off) and moving away due to a change in your spouse or domestic partner's employment. Some factors that are considered are: why you quit how bad the problem was and what you did to try to resolve the problem before leaving. Good cause for quitting work generally requires that the reason for leaving be so serious that a reasonable person, exercising ordinary common sense, would have no alternative but to quit work. If you resigned from your job, in order to be eligible to receive benefits, you must show that you had good cause to quit. Note that if you were discharged for conduct involving the use of drugs or alcohol or for not complying with your employer’s reasonable written drug and/or alcohol policy, special rules may apply. The following examples are the kinds of things that do not amount to misconduct: isolated instances of poor judgment good faith errors unavoidable accidents absences due to illness or disability or simply lacking the skills or experience necessary for the job. Misconduct generally means you willfully or recklessly violated a standard of behavior that your employer has the right to expect of an employee - or as the administrative rules describe it, “actions that amount to a willful or wantonly negligent disregard of an employer’s interests.” The employer has the burden of proving that the discharge was for misconduct. You will be disqualified, and your unemployment benefits will be denied, if you were discharged for misconduct or if you quit work without good cause. However, if you quit your job or were discharged, the Employment Department may investigate further to determine if you might be disqualified from receiving benefits. If you were laid off because of a lack of work, and you meet all other eligibility requirements, you will most likely be entitled to receive benefits. When you file your claim, a notice may be sent to your employer to verify the reason you are unemployed. Once you have shown that you have earned enough wages to qualify for benefits, the Employment Department will look at other factors to decide if you are eligible. Sometimes there are state or federal programs that provide additional weeks of benefits after regular benefits are exhausted. As a general rule, you can collect up to 26 weeks of benefits in a one-year period. Oregon law sets a minimum and a maximum weekly benefit amount. The more you have earned, the higher your weekly unemployment insurance benefit will be. After you apply for unemployment insurance benefits, you will receive a Wage and Potential Benefit Report, which will include the wages your employers reported for you during the base year and the weekly benefit amount that you will receive if you meet all of the other eligibility requirements. In order to be eligible, you must have worked and earned a certain amount of wages during the period of time called the “base year.” If you do not have enough wages and hours to qualify using a regular base year, your claim may be set up using an alternate base year. Not everyone who is unemployed qualifies to receive unemployment insurance benefits. You, as an employee, do not pay into this fund - no money is deducted from your wages to cover you for unemployment. The money for unemployment benefits comes from a special tax on employers. The purpose of unemployment insurance benefits is to compensate individuals who lose their jobs through no fault of their own.
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