Barrera v. Employment Dept.

Under ORS 657.176(2)(a), a person is disqualified from receiving benefits if the Employment Department finds that the person "[h]as been discharged for misconduct connected with work[.]" The department defines misconduct to be "a willful or wantonly negligent violation of the standards of behavior which an employer has the right to expect of an employee[.]" OAR 471-030-0038(3)(a).

Claimant was discharged for “misconduct connected with work” after refusing the COVID-19 vaccination and not seeking one of the exceptions allowed by her employer. She challenged the decision that she was ineligible for unemployment benefits due to her actions. Claimant argued that the Employment Appeals Board (EAB) erred in finding she did not request a valid exception because she submitted a form seeking an exemption for other reasons. She also contended that her failure to comply was not willful or wantonly negligent. Under ORS 657.176(2)(a), a person is disqualified from receiving benefits if the Employment Department finds that the person "[h]as been discharged for misconduct connected with work[.]" The department defines misconduct to be "a willful or wantonly negligent violation of the standards of behavior which an employer has the right to expect of an employee[.]" OAR 471-030-0038(3)(a). The Court found substantial evidence to support the EAB's decisions. The Court reasoned that the employer had informed Claimant multiple times that only medical and religious exceptions were permitted, and Claimant did not present a valid argument to counter the conclusion that her conduct was willful. The Court upheld the EAB’s final order and affirmed.