Diamond Fruit Growers v. Employment Division

Petitioner-employer discharged claimant for theft of petitioner’s property during the course of his employment. The Employment Division initially determined that claimant was disqualified from unemployment benefits because he was discharged as a result of theft and misconduct in connection with his work. Claimant requested a hearing and the referee ruled in favor of the employer on both counts. The Employment Appeals Board reversed on both counts.

The Employment Appeals Board erred in reversing the referee’s finding that claimant was discharged for theft in connection with his work. ORS…