Barbara J. GAINES, Petitioner,
EMPLOYMENT DEPARTMENT; and King Harvest Natural Foods, Inc., Respondents.
and submitted September 21, 2015
Appeals Board 2013EAB2188
S. DeLuca argued the cause for petitioner. With him on the
briefs was Markowitz Herbold PC.
C. Lucas, Assistant Attorney General, argued the cause for
respondent Employment Department. With her on the brief were
Ellen F. Rosenblum, Attorney General, and Anna M. Joyce,
appearance for respondent King Harvest Natural Foods, Inc.
Armstrong, Presiding Judge, and Hadlock, Chief Judge, and
Summary: Claimant seeks judicial review of an Employment
Appeals Board decision denying her unemployment benefits on
the ground that she voluntarily left work without good cause.
Claimant challenges that determination, arguing, in part,
that the board's decision is not supported by substantial
evidence and substantial reason. Held: The
board's order lacks substantial reason because it
includes factual findings that are inconsistent and it fails
to articulate a rational connection between those fndings and
its conclusion that claimant quit her employment without good
Or. 605] HADLOCK, C. J.
seeks judicial review of an Employment Appeals Board decision
denying her unemployment benefits on the ground that she
voluntarily left work without good cause. Claimant challenges
that determination, arguing, in part, that the board's
decision is not supported by substantial evidence and
substantial reason. For the following reasons, we agree that
the order lacks substantial reason. Accordingly, we reverse
and remand to the board for reconsideration.
it is helpful in understanding the issues in this case, we
begin by setting forth the pertinent legal framework. ORS
657.176(2)(c) disqualifies a person who "[v]oluntarily
left work without good cause" from receiving
unemployment benefits. The Director of the Employment
Department has adopted rules that the department follows in
implementing that statutory directive. Under those rules,
"good cause" for voluntarily leaving work "is
such that a reasonable and prudent person of normal
sensitivity, exercising ordinary common sense, would leave
work." OAR 471-030-0038(4). "Work" is defined
as "the continuing relationship between an employer and
employee." OAR 471-030-0038(1).
rules also explain the difference between voluntarily leaving
work and being discharged from it:
"The distinction between voluntary leaving and discharge
"(a) If the employee could have continued to work for
the same employer for an additional period of time the
separation is a ...