Johnson v. Employment Department

Claimant seeks judicial review of two orders of the Employment Appeals Board (EAB). The first order denied claimant unemployment benefits on the ground that he was discharged for misconduct connected with his work. ORS 657.176(2). The second order denied claimant’s request for reconsideration and to reopen the record. ORS 657.290. Because we agree with claimant that, under Potter v. Employment Dept., 150 Or App 476, 946 P2d 709 (1997), EAB erroneously relied upon alleged incidents of misconduct that were not identified by employer as the basis for discharge at the hearing before the…