Franklin v. Employment Department

Claimant seeks review of a final order of the Employment Appeals Board (EAB) determining that she was discharged for “misconduct connected with work,” ORS 657.176(2)(a), and, therefore, that she is not eligible for unemployment benefits. The EAB concluded that an on-the-job error that claimant made, which gave rise to a disciplinary proceeding against her by the Oregon State Board of Nursing (Board of Nursing), was not misconduct. However, it reasoned that claimant’s negotiated resolution of that proceeding, in which she agreed to a temporary suspension of her nursing license, was misconduct.…