Roadhouse v. Employment Dept.

Summarized by:

  • Court: Oregon Court of Appeals
  • Area(s) of Law: Employment Law
  • Date Filed: 02-23-2017
  • Case #: A157520
  • Judge(s)/Court Below: Flynn, J. for the Court; Duncan, P.J.; & DeVore, J.
  • Full Text Opinion

The standard of review for reviewing the decisions of the Employment Appeals Board is substantial evidence, substantial reason, and errors of law. Franklin v. Employment Dept., 254 Or App 656, 657 (2013).

Claimant appealed from final order from the Employment Appeals Board denying him unemployment insurance benefits because it found that claimant voluntarily left work without good cause. ORS 657.176(2)(c). The board based its determination that claimant voluntarily left work on its finding that Claimant could have continued working for employer after he refused to attend a meeting that employer had scheduled for claimant’s day off, and at which Claimant believed he was going to be fired. Reviewing for substantial evidence, substantial reason, and errors of law under the standard from Franklin v. Employment Dept., 254 Or App 656, 657 (2013), the Court found that the Board lacked substantial reason for the Board’s determination that Claimant could have continued working for Employer after he failed to attend a meeting at which Employer would have terminated his employment.  Reversed and remanded.

Advanced Search