Powell v. Employment Department and First Congregational Church of Portland

Summary

The Oregon Court of Appeals affirmed an Employment Appeals Board decision denying unemployment benefits to Keith Powell because he voluntarily left employment without good cause, including to avoid a potential discharge for misconduct. The court also imposed a $500 monetary sanction after finding that Powell's briefs contained fabricated legal citations and quotations associated with AI-assisted research.

Holdings

1. A monetary sanction was warranted because Powell submitted briefs containing fabricated cases and quotations after having notice that his research process could produce inaccurate authority, failed to alert the court before argument, and thereby wasted the employer's and the court's resources.
2. The Employment Appeals Board correctly concluded that Powell voluntarily left work without good cause because he resigned to avoid what otherwise could have been a discharge for misconduct.
3. The board did not improperly reverse or disregard the ALJ's credibility determinations; any explicit credibility determinations were addressed by the board, and the ALJ's statement that competing testimony was 'seen in balance' was not an explicit credibility finding in Powell's favor.
4. The board was not required to cite substantial new evidence under ORS 183.482 because that statute governs the jurisdiction and procedure of the Oregon Court of Appeals, not the board's standard of review.

Questions Presented

1. Whether the Employment Appeals Board exceeded its authority by reversing the administrative law judge's order without identifying legal error or citing substantial new evidence.
2. Whether the board misapplied ORS 657.176(2)(c) and OAR 471-030-0038 in determining that Powell voluntarily left work without good cause.
3. Whether the board incorrectly concluded that Powell resigned to avoid a potential discharge for misconduct.
4. Whether the board improperly rejected or reversed credibility determinations made by the administrative law judge.
5. Whether sanctions were warranted for Powell's submission of briefs containing fabricated legal authorities and quotations.

Disposition

affirmed