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KATHRYN S. BURTON, Petitioner
vs.
EMPLOYMENT DIVISION and U.S. DISTRICT COURT, Respondents
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Issues:
Unemployment benefits, policy and procedure, evidence.
Case Summary:
Kathryn Burton appeals a decision that denied her unemployment benefits. Burton was hired to work as a court clerk in a temporary position. A few months before the position was scheduled to be eliminated, Burton was asked if she would like to leave the job earlier than originally scheduled. Burton said she might but wanted to make certain she would remain eligible for unemployment benefits. Burton later claimed that she spoke with a supervisor and was told she would be eligible for unemployment benefits if she left her position. Burton agreed to vacate the position before its scheduled elimination and applied for unemployment benefits.
Decision of lower jurisdiction:
A state benefits review board ruled that Burton was disqualified from receiving unemployment benefits because she voluntarily resigned her employment. Burton now appeals.
Outcome:
Burton loses. The Oregon Court of Appeals affirmed the ruling of the state's review board. The court rejected Burton's argument concerning her supervisor's assurance that she would be eligible for unemployment benefits. The court ruled that the supervisor did not work for the benefits board and was not in a position to speak to how benefits would be awarded.