Hurst v. Employment Division

Petitioner seeks review of an order of the Employment Appeals Board (EAB) that denied her benefit rights pursuant to ORS 657.176(3)1 on the basis that she had admitted theft in connection with her work. We reverse.

EAB made findings of fact:

“(1) The claimant worked for the above employer from October 14, 1982 until May 2, 1985 as a clerk. (2) During a portion of her employment, the employer became concerned that the claimant was eating cookies off the shelves that she was stocking. (3) On May 2, 1985, prior to the claimant’s stocking shelves, her supervisor inspected the shelves and found no…