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06.01.2012 Newsletters Doerner

The Employer’s Legal Resource: OESC and Email

Effective May 8, 2012, the law regarding notice has changed. In the various proceedings before the Oklahoma Employment Security Commission (OESC), if you have elected to be notified by electronic means, you will receive notices from them by those means (and those means only). Further, the notice “shall be deemed to be given when the Commission transmits the notification by electronic means.”

As you know, most of your deadlines for the unemployment commission are stated as “you may [fill in the blank] within [X] days of the mailing date of this document.” If you have agreed to receive these documents (e.g., Notice of Determination) via email, your time to respond will begin to run when the OESC hits “send.”

While going paperless and receiving communications via email or other electronic means is great in many ways, given the short time frames in which employers have to act, you must ensure that these electronic communication means are constantly monitored.

Our tip

Your company should either have multiple employees be the recipient of such communications or create an email account for the sole purpose of receiving such communications and make that email account one which is checked daily. You cannot afford (literally) to miss deadlines with the OESC because the one person assigned to this task is on vacation or out of the office on leave.

By Kristen L. Brightmire, kbrightmire@dsda.com

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