Exton v. Employment Division

This is an unemployment compensation case in which petitioner, a former custodian at Southwestern Oregon Community College, seeks judicial review of an order of the Employment Appeals Board reversing a referee’s decision and holding that he was ineligible for unemployment compensation benefits because he had been disqualified for misconduct in connection with his work. We reverse and remand.

Petitioner was fired after he was found by his immediate supervisor in a dark broom closet. The supervisor thought petitioner was asleep. Petitioner had been reprimanded in the past for sleeping on the…