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Strutz v. Employment Department

Summarized by: 

Date Filed: 12-29-2011
Case #: A147334
Ortega, P.J. for the Court; Brewer, C.J; & Sercombe, J.
Full Text Opinion: http://www.publications.ojd.state.or.us/A147334.pdf

Employment Law: Pursuant to ORS 183.482(8)(c) the Court of Appeals reviews Employment Appeals Board decisions “to determine whether its factual findings are supported by substantial evidence,” and whether the Board's conclusions “are supported by substantial reason.”

Strutz contended that he quit his job with good cause. He had been instructed to follow a work policy that was unquestionably contrary to industry standards, and that he believed to be unethical. Strutz sought review of the Employment Appeals Board decision that denied him unemployment benefits on the ground that he left work without good cause. The Board concluded that plaintiff had three reasonable alternatives to quitting, and therefore did not have good cause to quit. Pursuant to ORS 183.482(8)(c) the court of Appeals reviewed the board’s decision “to determine whether its factual findings were supported by substantial evidence,” and whether the board’s conclusions were "supported by substantial reason.” The Court of Appeals concluded that the board’s conclusions were not supported by substantial reason. Reversed and remanded for reconsideration.