Crothers v. Employment Dept.

Summarized by:

  • Court: Oregon Court of Appeals
  • Area(s) of Law: Employment Law
  • Date Filed: 05-16-2012
  • Case #: A149122
  • Judge(s)/Court Below: Schuman, P.J. for the Court; Wollheim, J.; and Nakamoto, J.
  • Full Text Opinion

Unavailability to work during avocation hours will not disqualify a recipient of unemployment benefits so long as the unavailability does not interfere with regular hours of primary employment.

Crothers sought review of a determination by the Employment Appeals Board (Board) that Crothers was disqualified from receiving his unemployment benefits for 12 weeks under ORS 657.155(1)(c) because he was "unavailable to work" during that time. The Board determined that Crothers was a CPR instructor and was unavailable to work during the regular CPR instructor hours because he was attending evening classes to upgrade his CPR training. Crothers argued that the Board erred in this decision because his primary employment was as a construction superintendent, he was available during the regular superintendent day shift, and actively seeking employment in this area. The Court agreed with Crothers and found that teaching CPR was his avocation, and further found that the classes occurred in the evening which did not interfere with the regular superintendent day shift. Thus, Court concluded that the Board's determination was not in accord with the evidence. Reversed and remanded.

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