Entrepreneurs Foundation v. Employment Dept.

Summarized by:

  • Court: Oregon Court of Appeals
  • Area(s) of Law: Administrative Law
  • Date Filed: 12-10-2014
  • Case #: A152982
  • Judge(s)/Court Below: Ortega, P.J. for the Court; DeVore, J.; & Garrett, J.
  • Full Text Opinion

An “ALJ may have an obligation to assist a litigant in following up on potentially favorable lines of factual inquiry, [but] that duty does not remove a party's obligation to raise issues for preservation purposes.”

Entrepreneurs Foundation (Employer) petitioned for judicial review of an order by the Employment Appeals Board (EAB) adopting the order of an administrative law judge (ALJ) awarding unemployment benefits because the Employee was terminated without a showing of misconduct. Employer argued three assignments of error, but Employee argued that employer failed to preserve its arguments. Employer blamed its failure to preserve error on the ALJ, claiming the ALJ had a duty to explain legal issues to unrepresented parties. The Court held Employer failed to preserve its assignments of error, and that the ALJ was not obligated to introduce analysis into issues Employer failed to develop. Affirmed.

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