OAR 471-030-0038
Work Separations, Job Referrals and Job Refusals

(1)(a) As used in ORS 657.176 (Grounds and procedure for disqualification)(2)(a), (b) and (c) and sections (1) through (5) of this rule the term “work” means the continuing relationship between an employer and an employee. An employment relationship exists even in circumstances where the work performed is not subject employment as set forth in ORS Chapter 657 (Unemployment Insurance). This section does not apply where no employment relationship exists because the worker is an independent contractor or operating an independently established business. With the exception of the provisions of ORS 657.221 (Ineligibility for benefits of certain educational institution employees)(2)(a), the date an individual is separated from work is the date the employer-employee relationship is severed. In the case of individuals working for temporary agencies, employee leasing companies, or under a governmental program where a state agency serves as the employer of record for individuals performing home care services, the employment relationship shall be deemed severed at the time that a work assignment ends.
(b) In the case of absence due to labor dispute, the employee is separated from work on the date there is a complete dissociation from all participation in the labor dispute and no re-employment rights are claimed.
(c) As used in this rule, “wantonly negligent” means indifference to the consequences of an act or series of actions, or a failure to act or a series of failures to act, where the individual acting or failing to act is conscious of his or her conduct and knew or should have known that his or her conduct would probably result in a violation of the standards of behavior which an employer has the right to expect of an employee.
(d) As used in this rule, the following standards apply to determine whether an “isolated instance of poor judgment” occurred:
(A) The act must be isolated. The exercise of poor judgment must be a single or infrequent occurrence rather than a repeated act or pattern of other willful or wantonly negligent behavior.
(B) The act must involve judgment. A judgment is an evaluation resulting from discernment and comparison. Every conscious decision to take an action (to act or not to act) in the context of an employment relationship is a judgment for purposes of OAR 471-030-0038 (Work Separations, Job Referrals and Job Refusals)(3).
(C) The act must involve poor judgment. A decision to willfully violate an employer’s reasonable standard of behavior is poor judgment. A conscious decision to take action that results in a wantonly negligent violation of an employer’s reasonable standard of behavior is poor judgment. A conscious decision not to comply with an unreasonable employer policy is not misconduct.
(D) Acts that violate the law, acts that are tantamount to unlawful conduct, acts that create irreparable breaches of trust in the employment relationship or otherwise make a continued employment relationship impossible exceed mere poor judgment and do not fall within the exculpatory provisions of OAR 471-030-0038 (Work Separations, Job Referrals and Job Refusals)(3).
(e) For purposes of this rule, “compelling family reasons” means:
(A) Domestic violence, as defined in OAR 471-030-0150 (Domestic Violence), which causes the individual reasonably to believe that the individual’s continued employment would jeopardize the safety of the individual or a member of the individual’s immediate family; or
(B) The illness or disability of a member of the individual’s immediate family necessitates care by another and the individual’s employer does not accommodate the employee’s request for time off; or
(C) The need to accompany the individual’s spouse or domestic partner;
(i) To a place from which it is impractical for such individual to commute; and
(ii) Due to a change in location of the spouse’s or domestic partner’s employment.
(f) As used in OAR 471-030-0150 (Domestic Violence) and this rule, "a member of the individual’s immediate family” includes spouses, domestic partners, parents, and minor children under the age of 18, including a foster child, stepchild or adopted child.
(2) The distinction between voluntary leaving and discharge is:
(a) If the employee could have continued to work for the same employer for an additional period of time the separation is a voluntary leaving of work;
(b) If the employee is willing to continue to work for the same employer for an additional period of time but is not allowed to do so by the employer the separation is a discharge.
(3)(a) As used in ORS 657.176 (Grounds and procedure for disqualification)(2)(a) and (b) a willful or wantonly negligent violation of the standards of behavior which an employer has the right to expect of an employee is misconduct. An act or series of actions that amount to a willful or wantonly negligent disregard of an employer’s interest is misconduct.
(b) Isolated instances of poor judgment, good faith errors, unavoidable accidents, absences due to illness or other physical or mental disabilities, or mere inefficiency resulting from lack of job skills or experience are not misconduct.
(c) The willful or wantonly negligent failure to maintain a license, certification or other similar authority necessary to the performance of the occupation involved is misconduct, so long as such failure is reasonably attributable to the individual.
(d) Discharge for “compelling family reasons,” when the individual has made the attempt to maintain the employer-employee relationship, is not misconduct.
(4) Good cause for voluntarily leaving work under ORS 657.176 (Grounds and procedure for disqualification)(2)(c) is such that a reasonable and prudent person of normal sensitivity, exercising ordinary common sense, would leave work. For an individual with a permanent or long-term “physical or mental impairment” (as defined at 29 CFR §1630.2(h)) good cause for voluntarily leaving work is such that a reasonable and prudent person with the characteristics and qualities of such individual, would leave work. Except as provided in OAR 471-030-0038 (Work Separations, Job Referrals and Job Refusals)(5)(g), for all individuals, the reason must be of such gravity that the individual has no reasonable alternative but to leave work.
(5) In applying section (4) of this rule:
(a) If an individual leaves work to accept an offer of other work good cause exists only if the offer is definite and the work is to begin in the shortest length of time as can be deemed reasonable under the individual circumstances. Furthermore, the offered work must reasonably be expected to continue, and must pay:
(A) An amount equal to or in excess of the weekly benefit amount; or
(B) An amount greater than the work left.
(b) Leaving work without good cause includes, but is not limited to:
(A) Leaving suitable work to seek other work;
(B) Leaving work rather than paying union membership dues;
(C) Refusing to join a bona fide labor organization when membership therein was a condition of employment;
(D) Leaving to attend school, unless required by law;
(E) Willful or wantonly negligent failure to maintain a license, certification or other similar authority necessary to the performance of the occupation involved, so long as such failure is reasonably attributable to the individual;
(F) Resignation to avoid what would otherwise be a discharge for misconduct or potential discharge for misconduct;
(G) Leaving work for self employment.
(c) Good cause for voluntarily leaving work while on layoff status shall be determined solely under the provisions of section (4) of this rule without regard to the provisions of subsections (a) and (b) of this section;
(d) Reduction in rate of pay: If an individual leaves work due to a reduction in the rate of pay, the individual has left work without good cause unless the newly reduced rate of pay is ten percent or more below the median rate of pay for similar work in the individual’s normal labor market area. The median rate of pay in the individual’s labor market shall be determined by employees of the Employment Department adjudicating office using available research data compiled by the department.
(A) This section applies only when the employer reduces the rate of pay for the position the individual holds. It does not apply when an employee’s earnings are reduced as a result of transfer, demotion or reassignment.
(B) An employer does not reduce the rate of pay for an employee by changing or eliminating guaranteed minimum earnings, by reducing the percentage paid on commission, or by altering the calculation method of the commission.
(C) An employer does not reduce the rate of pay by loss or reduction of fringe benefits.
(D) If the Employment Department cannot determine the median rate of pay, the provisions of OAR 471-030-0038 (Work Separations, Job Referrals and Job Refusals)(4) apply.
(e) Reduction in hours: If an individual leaves work due to a reduction in hours, the individual has left work without good cause unless continuing to work substantially interferes with return to full time work or unless the cost of working exceeds the amount of remuneration received;
(f) Where the gravity of the situation experienced by the individual results from his or her own deliberate actions, to determine whether good cause exists, the actions of the individual in creating the grave situation must be examined in accordance with the provisions of section (4) of this rule.
(g) Leaving work with good cause includes, but is not limited to, leaving work due to compelling family reasons.
(6) As used in ORS 657.176 (Grounds and procedure for disqualification)(2)(d) and (e), the term “work” means the performance of services for which remuneration, compensation or wages is intended to be received or earned. Good cause as used in ORS 657.176 (Grounds and procedure for disqualification)(2)(d) and (e) is such that a reasonable and prudent person, exercising ordinary common sense, would refuse to apply for available suitable work when referred by the employment office or accept suitable work when offered by the employer. For an individual with a permanent or long-term “physical or mental impairment” (as defined at 29 CFR Sec. 1630.2(h)) good cause is such that a reasonable and prudent person with the characteristics and qualities of such individual, would refuse to apply for available suitable work when referred by the employment office or accept suitable work when offered by the employer. In determining disqualification under this section, consideration shall be given to suitable work factors and exceptions as set forth in ORS 657.190 (Suitable work) and 657.195 (Suitable work).

Source: Rule 471-030-0038 — Work Separations, Job Referrals and Job Refusals, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=471-030-0038.

471‑030‑0005
Week Defined 471‑030‑0010
Assignment of Wages 471‑030‑0012
Standard Base Year Defined 471‑030‑0015
Social Security Account Number 471‑030‑0017
Defining and Allocating Remuneration, Holidays, and Vacations 471‑030‑0020
Retirement Pay, Allocation of Periodic and Lump Sum Payments 471‑030‑0021
Allocation of Wages 471‑030‑0022
“Full-Time Work” Defined 471‑030‑0023
Incapable of Work for the Purpose of Extending the Base Year 471‑030‑0025
Claimant’s Responsibilities 471‑030‑0034
Reemployment Service Assistance and Eligibility 471‑030‑0035
Work Registration 471‑030‑0036
Eligibility Factors 471‑030‑0037
Prevailing Rate of Pay 471‑030‑0038
Work Separations, Job Referrals and Job Refusals 471‑030‑0039
Administrative Decisions 471‑030‑0040
Initial, Additional, and Reopened Claims 471‑030‑0042
Good Prospects 471‑030‑0043
Customary Occupation 471‑030‑0044
Systematic and Sustained Search for Work 471‑030‑0045
Continued Claims 471‑030‑0046
Non-Cash Remuneration Applicable to Benefit Claims 471‑030‑0048
Amended Monetary Determinations 471‑030‑0049
Lost, Stolen or Destroyed Benefit Checks 471‑030‑0050
Benefit Payments 471‑030‑0051
Cancellation of Overpayments, Tolerance Policy 471‑030‑0052
Misrepresentation Disqualification 471‑030‑0053
Waiving Recovery of Overpayments 471‑030‑0054
Theft Cases 471‑030‑0055
Continuous Jurisdiction 471‑030‑0056
Investigatory Subpoenas 471‑030‑0057
Payment of Benefits Due a Deceased Person 471‑030‑0058
Offset of Unemployment Compensation Debt Through U.S. Treasury Offset Program 471‑030‑0060
Procedure for Payment of Benefits for Partial Unemployment 471‑030‑0065
Discretionary Filing Procedures 471‑030‑0071
Benefit eligibility during a declared emergency 471‑030‑0074
School Employees 471‑030‑0075
Contract or reasonable assurance defined 471‑030‑0076
Benefits for Athletes 471‑030‑0077
Benefits for Aliens 471‑030‑0079
Shared Work Plans and Benefits 471‑030‑0080
Career and Technical Training 471‑030‑0081
Relief of Charges to Employers 471‑030‑0082
Charge Relief for Part-Time Work 471‑030‑0083
Employer Penalties 471‑030‑0090
Shared Work Plans and Benefits 471‑030‑0095
Claim Cancellations 471‑030‑0097
Labor Disputes 471‑030‑0100
Maximum Benefit Amount 471‑030‑0120
Jury Duty 471‑030‑0125
Drug, Cannabis, and Alcohol Adjudication Policy 471‑030‑0126
Absence Due to Alcohol, Cannabis, or Drug Use 471‑030‑0150
Domestic Violence 471‑030‑0174
Child Support Intercept Appeals 471‑030‑0210
Interstate Reciprocal Overpayment Recovery Arrangement 471‑030‑0215
Union Referral List 471‑030‑0220
Economically Distressed Worker Training 471‑030‑0225
Extended Benefits Look Back 471‑030‑0235
Self-employment Assistance Program
Last Updated

Jun. 8, 2021

Rule 471-030-0038’s source at or​.us