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BACKARDJIEV v. EMPLOYMENT DIVISION

EAB 85-AB-1944; CA A38898.

731 P.2d 1063 (1987)

83 Or.App. 438

Alex I. BACKARDJIEV, Petitioner, v. EMPLOYMENT DIVISION, Raymond P. Thorne, Administrator, and Employment Appeals Board, Ross Morgan, Chairman, and Esi, Respondents.

Court of Appeals of Oregon.

Decided January 28, 1987.

Attorney(s) appearing for the Case

Michael H. Marcus, Portland, argued the cause and filed the brief for petitioner. With him on the brief was Mark B. Williams, Portland.

Susan P. Graber, Portland, argued the cause and filed the brief for respondent ESI. With her on the brief were Robert S. Sola, Portland, and Stoel, Rives, Boley, Fraser & Wyse, Portland.

Michael D. Reynolds, Asst. Atty. Gen., Salem, waived appearance for respondents Employment Division, Raymond P. Thorne, Employment Appeals Board, Ross Morgan and ESI.

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

VAN HOOMISSEN, Judge.

Petitioner seeks judicial review of a decision of the Employment Appeals Board (EAB) denying him unemployment compensation. EAB adopted and affirmed the referee's decision that petitioner had been fired for misconduct.1 ORS 657.176(2)(a). We reverse and remand for reconsideration.

The referee found:

"(1) The claimant was employed as a quality assurance auditor by Electro Scientific Industries, Inc...

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