Smithee v. Employment Department

Claimant seeks judicial review of an Employment Appeals Board (board) determination that he did not qualify for unemployment insurance benefits because he was discharged from his employment for misconduct. ORS 657.176(2)(a) disqualifies a person who “[h]as been discharged for misconduct connected with work” from receiving unemployment compensation benefits. Claimant contends that the board erroneously applied OAR 471-030-0038, a rule of the Oregon Employment Department (department) that defines “misconduct” by excluding conduct that is an “isolated instance of poor judgment.” ORS 657.282; ORS…