Cummings v. Employment Department

Claimant seeks judicial review of an order of the Employment Appeals Board (board) determining that she did not qualify for unemployment compensation benefits because she was discharged from her 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. OAR 471-030-0038(3) defines “misconduct” as a “willful or wantonly negligent violation of the standards of behavior which an employer has the right to expect of an employee” and excludes conduct from that definition if it…