Information on Reasonable Assurance Determinations from OED
When evaluating claims for unemployment insurance (UI) benefits for school employees, the Oregon Employment Department (OED) makes a determination of whether each employee has a ‘reasonable assurance’ of returning to work after a break period. Below are some frequently asked questions about how these determinations are made.
Are determinations of ‘reasonable assurance’ based on what the employee is told at the beginning of the break period? Does this determination change if the employee is not able to return to work after the break?
OED uses all information available at the time they make their decision. If an employee is not returning to work, it is likely they are eligible for benefits.
Will OED’s decision on whether or not an employee has reasonable assurance for the prior break period change if the employee returns to work at fewer hours than what OED determined?
No. OED does not determine whether or not an employee has a bonafide offer of work based on the outcome.
Will it result in overpayments if an employee returns to work after OED determined an employee did not have reasonable assurance and issued payments?
No. OED evaluates an offer of work; employees in this situation will not be considered overpaid for any past weeks. Employees may be denied benefits after they find out they are returning to work; if they continue to claim without reporting this information to OED they may be overpaid.
How is reasonable assurance affected for school employees in the WorkShare program, who have been working reduced hours?
OED evaluates an employee’s offer of work based on the next academic year or period. WorkShare in a current or prior term would impact the evaluation of an offer for the upcoming year. However, those evaluations are specific to each employee and vary significantly based on their specific circumstances.
This information was provided by OED to give a general sense of how reasonable assurance determinations are reached during this unprecedented time. There is always a possibility for alternative outcomes based on the details of each case. The only way to know for certain how OED will decide in your case is to apply for benefits.
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