Whitney v. Employment Division

Petitioner seeks review of an order of the Employment Appeals Board (EAB) which reversed the decision of the referee and denied unemployment benefits on the ground that he was discharged for misconduct connected with work. ORS 657.176(2)(a). We reverse and remand.

Petitioner was employed from December 17, 1984, until September 13, 1985, when he was discharged. He testified that he was sick with a cold when he went to work on September 12,1985. He worked about 15 minutes and asked if he could go home. His supervisor reluctantly excused him, and he went home. He testified that he had only enough…