City of Milwaukee v. Employment Division

In my view we cannot reach a proper decision in this case until there has been a determination by the Employment Division as to whether the conduct for which claimant was asked to resign amounted to "misconduct connected with his work.” ORS *696657.176(2)(a).1 I would therefore remand for this determination.

The record establishes that this claimant was forced to resign.2 As the Oregon Supreme Court observed in Wied v. Marion County, 275 Or 711, 721, 552 P2d 1294 (1976):

«* * * There is no practical distinction between a coerced resignation and a dismissal * *

I find it inconsistent to allow…