City of Portland v. Employment Division

Employer seeks review of EAB’s decision that claimant, who was discharged as a police officer for unlawful possession and use of cocaine and for other related violations of employer’s rules, is eligible for unemployment compensation. EAB found that claimant was addicted to alcohol and cocaine and that, because of his addiction, his misconduct was not “wilful.”

In James River Corp. v. Employment Division, 94 Or App 268, 765 P2d 217 (1988), we reversed and remanded EAB’s order allowing benefits to a claimant who was fired for on-the-job intoxication. The essence of our reasoning was that EAB…