Deschutes County v. Employment Division

Employer seeks judicial review of an Employment Appeal Board (EAB) order reversing a referee’s decision that Cooper was disqualified from receiving unemployment compensation benefits because he was discharged for work-related misconduct. ORS 657.176(2)(a).1 Employer contends that Cooper’s insubordination was misconduct as a matter of law and that the EAB erred in concluding that he was not discharged for misconduct. The facts, which are supported by substantial evidence in the record, are not in dispute. The only issue is whether there is a rational connection between EAB’s findings of fact…