DOUBLE K KLEANING v. EMPLOYMENT DEPT.

02-AB-1901; A119660.

82 P.3d 642 (2004)

191 Or. App. 374

DOUBLE K KLEANING SERVICE, INC., Petitioner, v. EMPLOYMENT DEPARTMENT and Robert Dwyer, Respondents.

Court of Appeals of Oregon.

Decided January 14, 2004.


Attorney(s) appearing for the Case

Mary Kim Wood argued the cause for petitioner. With her on the brief was Mary Kim Wood, P.C.

Richard D. Wasserman, Assistant Attorney General, waived appearance for respondent Employment Department.

No appearance for respondent Robert A. Dwyer.

Before EDMONDS, Presiding Judge, and WOLLHEIM and SCHUMAN, Judges.


SCHUMAN, J.

Claimant was fired by his employer, Double K Kleaning Service, Inc., after a verbal altercation with its owner. The Employment Department's authorized representative, an administrative law judge (ALJ), and the Employment Appeals Board (EAB) all concluded that claimant was entitled to unemployment benefits because the incident leading to his termination was an isolated incident of poor judgment and therefore not misconduct. Employer seeks judicial review...

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