Amount of benefits
- length of employment and wages necessary to qualify for benefits
- rules
Source:
Section 657.150 — Amount of benefits; length of employment and wages necessary to qualify for benefits; rules, https://www.oregonlegislature.gov/bills_laws/ors/ors657.html.
Notes of Decisions
Where some wages were earned in the base year but not paid until the next year because of illness and then death of petitioner’s employer, those wages could not be considered in computing benefits for the base year. Gordon v. Morgan, 20 Or App 69, 530 P2d 522 (1975)
Where advance payment is compensation for specific vacation period rather than accrued vacation benefit generally, payment is chargeable against unemployment benefits for vacation period rather than first week of unemployment period. Hawkins v. Employment Div., 26 Or App 445, 552 P2d 1325 (1976)
Mere receipt of wages is not equivalent to performance of “weeks of work” within the meaning of this section. Tracy v. Employment Div., 29 Or App 851, 565 P2d 403 (1977)
Evidence was sufficient to establish that claimant had no individual entitlement to work during company’s mandatory shutdown and vacation period and was thus not eligible for benefits under this section. Wilson v. Employment Division, 34 Or App 289, 578 P2d 486 (1978)
Claimants were ineligible to receive unemployment compensation benefits during general plant shutdown because they had elected to take vacation time during that period and received payments therefor from employer. Stanley v. Employment Division, 43 Or App 905, 607 P2d 1195 (1979), Sup Ct review denied
Where claimants received lump sum payment equivalent to holiday pay as part of layoff settlement, such payment was properly considered earnings in weeks in which holidays fell and reduction of benefits in those weeks was proper. Adams v. Emp. Div., 56 Or App 784, 643 P2d 400 (1982), Sup Ct review denied
In determining qualification for unemployment benefits, services of petitioner for remuneration were “employment” under ORS 657.030, even though SAIF paid his wages as part of vocational rehabilitation. White v. Employment Division, 72 Or App 163, 694 P2d 1009 (1985), as modified by 77 Or App 35, 711 P2d 196 (1985)
Where employee handbook made no reference to designated vacation periods and plant’s vacation period had varied from year to year, finding that employer had designated vacation period by employer custom, practice or policy was not supported by substantial evidence. Bergun v. Employment Division, 81 Or App 580, 726 P2d 1202 (1986)
Where employer has shut down during Christmas holiday season for at least 10 years and identifies closure as its official policy in employee handbook, yearly closure is “designated vacation period” under this section and holiday pay paid during this period is considered earnings in determining claimant’s unemployment compensation benefits. Tektronix, Inc. v. Employment Div., 97 Or App 666, 777 P2d 1005 (1989)
Delay in payment of unemployment benefits does not entitle claimant to receive interest for period that benefits were unpaid. Newport Church of the Nazarene v. Hensley, 335 Or 1, 56 P3d 386 (2002)
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