MacKillop v. Employment Department

Petitioner seeks review of an order of the state Employment Appeals Board (the Board), in which the Board held that she was disqualified from receiving unemployment compensation because she was discharged from her employment for misconduct. ORS 657.176(2). The Board concluded that the conduct that resulted in petitioner’s discharge was not an isolated instance of poor judgment under OAR 471-030-0038(3), such as would exempt her from disqualification. We remand for reconsideration.

The Board made the following findings. Petitioner was hired by employer Fred Meyer on May 16,1998. She held a…