OPEA

Over the past few months, OPEA has been attending agency meetings where voluntary-out-benefit offers are discussed with employees.  The information about unemployment benefits have ranged from uncertainty to one agency pledging to fight employees unemployment benefits for workers who accepted VOBO. 

“Most agencies said that they did not believe but were unsure if employees who accepted the offers could receive unemployment benefits,” said OPEA Policy and Research Director Trish Frazier.  “Our members were trying to make important decisions and needed to be certain they had the unemployment safety net if other opportunities did not work.”

OPEA became especially concerned when the human resource director at the Department of Public Safety told employees the agency would fight their unemployment claims if they accepted a VOBO offer.  The Association called Jerry Pectol, Director of Unemployment Insurance at the Employment Security Commission, to ensure these employees receive the unemployment benefits to which they are entitled. 

According to Pectol, Oklahoma statutes require a reduction-in-force (RIF) is imminent before agencies can offer a VOBO.  Therefore, while state VOBOs are voluntary, the employee is taking the offer in lieu of a RIF and is not exempt from unemployment benefits. 

Pectol cited Title 40 of the Oklahoma Statutes Section 2-405 which states employees are eligible for benefits “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.”

In addition, Pectol provided OPEA with Section 2.301 of Title 40, which penalizes employers between $100 and $1,000 or no more than six months in jail for impeding or obstructing employees from receiving unemployment benefits.

As OPEA learns of VOBO offers by state agencies, the Association is working with OESC to ensure that employees are informed of their unemployment rights and benefits.  In addition, OESC is offering its rapid response team to attend meetings at state agencies and help prepare workers for the VOBO or RIF, if needed.

“OPEA appreciates the excellent work of OESC during this time of economic challenges and crisis both in state government and other private sector employment,” said Frazier.  “Not only are the state employees at OESC processing record number of benefits for the Oklahoma citizens, but they are taking an active role in informing employers of worker rights and this important safety net.”