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Oregon Unemployment Case Law
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Alaska Tanker
Here is a clever loophole: He had his vacation pay paid to his union. He let the union hold on to it for him, for him to collect after his unemployment was up. Had he collected his vacation pay, he could not have collected the unemployment. This way, he gets both.
He doesn't think he should have to pay a filing fee to take his case to court.
A company with a high earned rate cannot buy a company with a low earned rate and shift its employees to that account with that lower rate. Instead, a new employer rate is assigned.
This claimant twice doctored his urine test -- he admits it. He even admits he smokes pot. But he collects unemployment because the employer policy manual prescribes one pre-employment test, and he got tested twice.
During a meeting, he was talking to a fellow employee. When the boss told him to shut up, he replied that the conversation was none of his business. Therefore, the boss reprimanded him and told him he had to take a drug test, on his own time, without pay. He refused. The boss fired him. He collects.
A supervisor of building inspectors lost his drivers license when caught drunk driving. The country fired him because he could no longer drive to his various sites. He does not collect.
She missed her hearing because her granddaughter died and she was at the funeral. The department won't give her a new hearing because they say she did not show good cause why she missed the first. This court helps the lady out.
A cab driver working for a cab company driving the cab company's cab is not an independent contractor.
Someone complained about something he said in a meeting. He refused to provide a written statement. They fired him. He does not collect.
A mechanic bought an engine core from the shop he worked for. But he left it there three months, even though they kept telling him to get it out of there. Finally, the supervisor took it home. The mechanic quit in a dudgeon. He does not collect.
Tested positive for alcohol while on a last chance agreement.
A company which provides signature takers for petitions does not want to pay unemployment tax.
Church at 295 S. 18th st.
An evangelist at the church is an employee, and the church must pay taxes.
He misrepresented the amount of weekly wages that he had earned while collecting unemployment. Now he will have to repay what he collected.
Her drunken husband knocked her around. He continued to harass her even after she got a restraining order. So she quit her job and moved away.
Convention Foliage
This company raises decorative plants in greenhouses. Wages for the greenhouse workers are exempt from unemployment taxes, just as are the wages on other agricultural employees.
A chief of police resigned. Later, he tried to withdraw his resignation; but the city would not take him back.
He wants to extend his base period to the time before he was injured.
A heated altercation with the business owner.
The Board would not reopen her case because her request was not made promptly; but the Board does not define promptness.
He does not get a hearing because his letter said "I disagree...", but it did not say "I request a hearing..."
While on medical leave, her doctor was supposed to furnish documentation to the employer, but dropped the ball.
A pharmacy technician employed by a staffing agency loses her position. The agency has no other pharmacy work for her.
They wanted to promote her to manager. She didn't accept. Now they want to work her more than forty hours without paying her overtime, as though she were a salaried manager.
Get this: When this driver was hired, he signed a policy manual that said he'd be fired if he reported to work loaded. He failed a drug test. They gave him another chance, and he signed another paper saying that he understood this was his last shot and if he tested positive again, he'd be out on his ear. He tested positive again. They fired him.

Now this court says he collects because the company never thought to prove that he actually reported to work on those two days that he failed the drug test! The company says, whoa, wait a minute, nobody ever told us we had to bring the attendance records for those two days! The court says tough.

She is denied a hearing because she did not sign her paper.
When he sold the business, he agreed to stay on for three months for no salary. After the time was up, he filed for Unemployment. He does not collect.
She was laid off her full time job, then quit her part time job to move away and look for work. She collects.
A county employee was fired for enjoying the five-fingered discount. But now the county and the EAB are trying to pull a fast one on him.
A second helping of the above.
Falsified company reports to make it look like he was making sales calls when he was not.
Johnson et al
Members of an Indian tribal council are removed from office by a recall election and file for unemployment.
A woman was murdered by her husband. Her family wants the body cremated. The law requires consent from the husband. After long delays, the mortician cremates the body before the consent paper has been signed. He gets fired.
A clerk opened the mail without permission in order to file it.
A company provides temporary pharmacists to drug stores. The Department of Revenue agrees that they are independent contractors. The Employment Department says they are not.
You know the girl at the grocery store who brings the cashiers more ones when they run out? Well, they fired her when a customer stole her bag of money.
Mt. Bachelor
Volunteers helping monitor ski races were given a free ski pass. That pass is wages, on which the race organizers must pay unemployment taxes.
They offered her a job for three days. She lasted three hours.
Fees paid to members of the board of directors are wages subject to unemployment taxes.
Newport Church
A church minister fired for misconduct off the job may collect unemployment.
Oregon Music Festival
Apparently, for-profit companies do not have to pay unemployment taxes on musicians, but non-profit companies do.
The farmer told him she was going to dock his pay for the half hour he was seen speaking to a union organizer. He told her to stick it. She fired him. He collects.
Ponder et al
The executive director ran the place into the ground and was so difficult to work for that seven employees quit at once.
He kicked a colleague. Claims examiner and appeal officer did not think it misconduct; board and court think it is.
He called in to say his houseboat was sinking. The message was not relayed to his supervisor, who fired him for not showing up. He collects.
Stock Secrets
The law exempts family owned comppanies from paying unemployment taxes on wages paid to family. But because his is a one-man operation, they say he is not his family; he has to pay.
While suspended for a month without pay for misconduct, she cannot collect unemployment.
Travel Networkers
Travel agents are employees, and the agency owes taxes.
He quit because of a bad hip.
VavRosky, etc.
His mental condition and the drugs he took to treat it interfered with his work; so they fired him.
A seaman debarked after 111 days at sea and went on unemployment. His employer thinks he should have used his 56 days of paid vacation instead.
An oft-injured grocery store checker comes to agreement with the store's workers' comp insurance carrier whereby she gets a sum and quits. Now she wants unemployment.
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