Perez v. Employment Department

Claimant seeks review of a decision of the Employment Appeals Board denying him unemployment benefits on the basis that an intemperate verbal exchange with his employer was “misconduct.” ORS 657.176(2)(a); OAR 471-030-0038(3)(a). We conclude that, even if claimant’s outburst was a wilful violation of employer’s reasonable expectations, it was part of an “isolated instance of poor judgment” and, thus, was not “misconduct.” OAR 471-030-0038(3)(b). Accordingly, we reverse.

Claimant worked for employer for 13 years, from March 11, 1985 to June 24, 1998. As a crew supervisor at employer’s wholesale…