WHITNEY v. EMPLOYMENT DIVISION

85-AB-1979; CA A38621.

733 P.2d 493 (1987)

84 Or.App. 206

Mark D. WHITNEY, Petitioner, v. EMPLOYMENT DIVISION, Raymond P. Thorne, Administrator, Fastener Supply, Inc., and Employment Appeals Board, Ross Morgan, Chairman, Respondents.

Court of Appeals of Oregon.

Decided March 4, 1987.


Attorney(s) appearing for the Case

Michael H. Marcus, Portland, argued the cause for petitioner. With him on the brief were Mark B. Williams, L. Ramsay Weit and Legal Aid Service, Portland.

Michael D. Reynolds, Asst. Atty. Gen., Salem, waived appearance for respondents Employment Div., Employment Appeals Bd. and Ross Morgan.

No appearance for respondent Fastener Supply, Inc.

Before WARDEN, P.J., and VAN HOOMISSEN and YOUNG, JJ.


YOUNG, Judge.

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.1

Petitioner was employed from December 17, 1984, until September 13, 1985, when he was discharged. He testified...

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