McAulay v. Employment Division

Claimant appeals the Employment Appeals Board’s ruling that he voluntarily left work without good cause and therefore is not eligible for unemployment compensation benefits. ORS 657.176(2).1 We reverse.

Claimant, a truck driver, was cited for driving while under the influence of intoxicants while driving a company truck. When his employer learned of the incident, it immediately placed claimant on suspension without pay pending investigation of the charge.2 Two days later, the employer gave claimant the option of submitting his resignation (which would result in termination of the…