· 8/5/2010
McDowell v. Employment Department
Citations
- 236 P.3d 722
- 348 Or. 605
- 258 Educ. L. Rep. 1245
- 2010 Ore. LEXIS 560
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- concluding, as a matter of law, that the claimant, who resigned to avoid the grave consequences associated with discharge, had good cause to leave work, and that the board “was obligated to so conclude”
- describing test under administrative rule defining when an employee has left work for “good cause”
- “Long-standing Court of Appeals decisions hold that * * * an employer has the burden of proving that a discharge was for misconduct.”
- reviewing for errors of law the board’s good cause determination whether a reasonable person in the employee’s circumstances would believe that the circumstances were so grave that there was no reasonable alternative but to leave work
- where agency’s findings are not challenged, those are the facts for purposes of judicial review
- “[I]t is beyond dispute that the consequences of a discharge for [the] claimant were grave.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Linder
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.