Oregon Revised Statutes Chapter 657 § 657.176 — Grounds and procedure for disqualification; exceptions; rules

Grounds and procedure for disqualification; exceptions; rules. (1) An authorized representative designated by the Director of the Employment Department shall promptly examine each claim to determine whether an individual is subject to disqualification as a result of a separation, termination, leaving, resignation or disciplinary suspension from work, or as a result of failure to apply for or accept work, and shall promptly enter a director’s decision if required by ORS 657.267. The authorized representative may address issues raised by information before the authorized representative, including but not limited to the nature of the separation, notwithstanding the way the parties characterize those issues. (2) An individual shall be disqualified from the receipt of benefits until the individual has performed service in employment subject to this chapter or the equivalent law of another state or Canada or as defined in ORS 657.030 (2) or as an employee of the federal government, for which remuneration is received that equals or exceeds four times the individual’s weekly benefit amount subsequent to the week in which the act causing the disqualification occurred, if the authorized representative designated by the director finds that the individual: (a) Has been discharged for misconduct connected with work; (b) Has been suspended from work for misconduct connected with work; (c) Voluntarily left work without good cause; (d) Failed without good cause to apply for available suitable work when referred by the employment office or the director; (e) Failed without good cause to accept suitable work when offered; (f) Has been discharged or suspended for being absent or tardy in reporting to work and the absence or tardiness occurred as a result of the unlawful use of any drug unless the person was participating in a recognized drug rehabilitation program at the time of the absence or tardiness, or is so participating within 10 days after the date of the discharge or suspension, and the person provides to the Employment Department documentation of program participation. As used in this paragraph, “unlawful use” does not include the use of a drug taken under the supervision of a licensed health care professional and in accordance with the prescribed directions for consumption, or other uses authorized by the laws of this state; (g) Has been discharged or suspended for being absent or tardy in reporting to work and the absence or tardiness occurred as the result of the use of alcohol or cannabis on a second or any subsequent occasion within a period of 12 months unless the person was participating in a recognized alcohol or cannabis rehabilitation program at the time of the absence or tardiness, or is so participating within 10 days after the date of the discharge or suspension, and the person provides to the department documentation of program participation; or (h) Has committed a disqualifying act described in subsection (8) or (9) of this section. (3) If the authorized representative designated by the director finds that an individual was discharged for misconduct because of the individual’s commission of a felony or theft in connection with the individual’s work, all benefit rights based on wages earned prior to the date of the discharge shall be canceled if the individual’s employer notifies the director of the discharge within 10 days following issuance of the notice provided for in ORS 657.265 or 30 days following issuance of the notice provided for in ORS 657.266, and: (a) The individual has admitted commission of the felony or theft to an authorized representative of the director; (b) The individual has signed a written admission of the felony or theft and the written admission has been presented to an authorized representative of the director; or (c) The felony or theft has resulted in a conviction by a court of competent jurisdiction. (4) An individual may not be disqualified from receiving benefits under subsection (2)(c) or (e) of this section if the individual ceases work or fails to accept work when a collective bargaining agreement between the individual’s bargaining unit and the individual’s employer is in effect and the employer unilaterally modifies the amount of wages payable under the agreement, in breach of the agreement. (5)(a) For purposes of subsection (2) of this section, a separation from work shall be adjudicated as if an actual voluntary leaving had not occurred and a planned voluntary leaving had occurred if an individual has notified an employer that the individual will leave work on a specific date and it is determined that: (A) The separation would be for reasons that constitute good cause; (B) The individual voluntarily left work without good cause prior to the date of the impending good cause voluntary leaving date; and (C) The actual voluntary leaving of work occurred no more than 15 days prior to the planned date of vo