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PEREZ v. EMPLOYMENT DEPT.

(EAB No. 98-AB-2491; CA A104860)

992 P.2d 460 (1999)

164 Or. App. 356

Federico PEREZ, Petitioner, v. EMPLOYMENT DEPARTMENT and J. Frank Schmidt & Son, Co., Respondents.

Court of Appeals of Oregon.

Decided December 15, 1999.

Attorney(s) appearing for the Case

Brenda Moyer Lopez argued the cause for petitioner. On the brief were Mark J. Wilk and Oregon Legal Services Corp., Woodburn. With her on the reply brief was Oregon Legal Services Corp.

David Coursen, Assistant Attorney General, argued the cause for respondent Employment Department. With him on the brief were Hardy Myers, Attorney General, and Michael D. Reynolds, Solicitor General.

Shelley D. Russell and Crispin & Associates, Portland, filed the brief for respondent J. Frank Schmidt & Son, Co.

Before De MUNIZ, Presiding Judge, and HASELTON and WOLLHEIM, Judges.

HASELTON, J.

Claimant seeks review of a decision of the Employment Appeals Board denying him unemployment benefits on the basis that an intemperate verbal exchange with his employer was "misconduct." ORS 657.176(2)(a); OAR 471-030-0038(3)(a). We conclude that, even if claimant's outburst was a wilful violation of employer's reasonable expectations, it was part of an "isolated instance of poor judgment" and, thus, was not "misconduct." OAR 471-030-0038(3)(b). Accordingly...

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