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De St. Germain v. Employment Division

Court of Appeals of Oregon
703 P.2d 986 (1985)


Facts

John De St. Germain (plaintiff) worked as a live-in certified nursing assistant for Kelly Health Care, Inc. Around June 26, 1984, De St. Germain sought reassignment from his position. De St. Germain had kidney stones and was concerned that an attack during work would either leave him stranded at his patient’s home or forced to leave his patient without care. Kelly Health Care offered De St. Germain the opportunity to take on day-to-day temporary assignments. De St. Germain turned down the first assignment due to concerns about heavy lifting. Kelly Health Care did not offer any further one-day assignments. De St. Germain left his job and filed for unemployment compensation benefits. The Employment Division (defendant) denied De St. Germain benefits. A hearing referee determined that De St. Germain had continued work available to him and failed to establish compelling reasons for leaving his job. The referee found De St. Germain voluntarily left his job without good cause and denied De St. Germain benefits. The Employment Appeals Board affirmed and adopted the decision of the referee. De St. Germain appealed.

Rule of Law

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Issue

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Holding and Reasoning (Gillette, J.)

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  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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