Kay v. Employment Dept.

Under ORS 657.176(2)(c), an individual who “voluntarily left work without good cause” is disqualified from receiving unemployment benefits. “Good cause for voluntarily leaving work under ORS 657.176(2)(c) is such that a reasonable and prudent person of normal sensitivity, exercising ordinary common sense, would leave work.” OAR 471-030-0038(4).

Claimant sought judicial review from a denial of her unemployment benefits. Claimant assigned err to the Employment Appeals Board’s (EAB) finding that claimant left her employment voluntarily and without good cause. On appeal, Claimant argued that there was no evidence in the record as to the owner’s state of mind when he sent the January 24 text message and the EAB’s finding that the owner’s frustration about Claimant not returning his messages was the impetus for his January 24 text message was not supported by substantial evidence, but rather appeared to be mere speculation. The EAB did not appear on appeal.  Under ORS 657.176(2)(c), an individual who “voluntarily left work without good cause” is disqualified from receiving unemployment benefits. “Good cause for voluntarily leaving work under ORS 657.176(2)(c) is such that a reasonable and prudent person of normal sensitivity, exercising ordinary common sense, would leave work.” OAR 471-030-0038(4). The Court of Appeals held that the relationship with Claimant and her employer was “irremediably broken” and therefore, EAB erred when it speculated that the employer’s text message to Claimant was out of frustration from no responses. There was no substantial evidence that the Claimant caused for the broken employer/employee relationship. Reversed and remanded.