Erne v. Employment Division

I disagree with the majority’s view that EAB’s findings rationally support its conclusion that claimant’s off-duty conduct was work-connected. The incident leading to claimant’s discharge occurred off the job site and after hours and was unrelated to claimant’s job or to employer’s business. Although the incident may have justified employer’s discharge of claimant, it does not disqualify him from receiving unemployment benefits, because it was not “misconduct connected with work” under ORS 657.176(2)(a).

First, contrary to the majority’s assertion, the last chance agreement does not support…