Jackson County Ass'n for Retarded Citizens v. Employment Division

Claimant’s employment as its executive director was terminated by petitioner. The Employment Appeals Board found that the termination was not for misconduct and allowed payment of unemployment compensation. ORS 657.176. Any additional recitation of the facts is unnecessary and would benefit neither bench nor bar.

We conclude that EAB and the referee erred in denying petitioner’s request to make an offer of proof about claimant’s alleged misconduct discovered after his termination but before the hearing. That evidence may have been probative as to his motive in failing to provide petitioner…