Sherry Zottola v. Three Rivers School District and Fair Dismissal Appeals Board

Summary

The Oregon Supreme Court held that the Fair Dismissal Appeals Board lacked authority under ORS 342.905(7) or other applicable statutes to offset unemployment compensation benefits against a wrongfully dismissed teacher's back-pay award. The court reversed the Court of Appeals and remanded the matter to the Board for modification of its order.

Holdings

1. The Fair Dismissal Appeals Board lacks authority under ORS 342.905(7) or any other applicable statute to offset unemployment compensation benefits received by a wrongfully dismissed teacher against the teacher's back-pay award.
2. The district's status as a reimbursing employer and its dollar-for-dollar payment to the unemployment compensation system do not authorize an offset because the unemployment benefits were provided by the Employment Department, not by the district.

Questions Presented

1. Whether ORS 342.905(7), or any other statute, authorizes the Fair Dismissal Appeals Board to offset unemployment compensation benefits received by a wrongfully dismissed teacher against the teacher's back-pay award.
2. Whether the district's status as a reimbursing employer, and its dollar-for-dollar payment to the unemployment compensation system, changes the analysis.

Disposition

reversed_and_remanded