by Margaret Ansell

Created on: March 20, 2007   Last Updated: September 14, 2010

Recently, I was fired from my job at a small nonprofit organization where I had worked two years as a program manager. At first, the parting appeared amicable, but that friendly relationship fell apart when my former employer decided to appeal the State Employment Department's decision to grant me unemployment benefits. I have since learned that the unemployment system in Oregon (and in other states) is set up to create or exacerbate adversarial relationships between employers and former employees. Therefore, it is important to remember that you cannot rely on your former employer to do the right thing - you must take care of yourself if and when such a situation arises for you.

"At-will" employment is the norm in the United States. It means that either the employee or the employer can terminate a working relationship for almost any reason except for certain contractual agreements and some forms of discrimination. When an employee has been "let go" from a job, he or she becomes eligible for benefits unless the employer can prove that the employee committed some sort of misconduct, such as theft, abusive behavior, or coming to work impaired on alcohol or drugs.

In Oregon, employers fund the unemployment benefits system. Nonprofit organizations can choose between paying a quarterly tax directly to the State of Oregon or reimbursing the State for benefits that have been paid. The tax rate is based on an organization's unemployment history and it increases for every employee laid-off. With either option, it is in the organization's interest to prove that the employee committed an act of misconduct that led to their firing.

My former employer is a well-respected nonprofit social service agency that has done business for many decades. This agency works with a number of marginalized populations, providing advocacy and direct services. They have also publicly supported progressive causes. Their professed number one priority is to build and strengthen community. Like many nonprofit agencies, they struggle with limited funding since much of their income comes from government contracts. Their budget does not allow for paying increased unemployment taxes or for reimbursing the State for benefits, and they have been forced to take draconian measures to try to prevent benefits from getting paid. Unfortunately the measures they have chosen include making false allegations, lying, and hiring a corporate "Unemployment Management" firm to assist them.

A few weeks ago, I received

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