Last week, the Oregon Supreme Court ruled in favor of a Klamath County schoolteacher who quit under threat of termination. Robert McDowell and his attorneys fought 3½ years for this result and for his unemployment compensation. Finally, common sense prevailed.
Here are the facts. Robert McDowell was a probationary teacher of language arts and drama in Klamath County. He showed his class a 10-minute film clip from "Glengarry Glen Ross," which contained some profanity for the ears of the senior class of the high school. That was against policy, because the teacher did not obtain advance approval. But here's the thing: no one ever told him he needed to get approval. So, someone said, "gotcha," which seems ridiculously unfair.
The employer needed no reason at all to fire a probationary employee. So, when the personnel director advised Robert of his decision to recommend termination to the School Board, Robert took it seriously. The union's attorney told Robert that the School Board always goes along with the recommendations. Consequently, on the day the School Board met, Robert resigned to protect his ability to ever get another teaching job.
Somehow, it took the Oregon Supreme Court to see that a reasonable person would have quit under the circumstances, which is one of the legal standards to qualify for unemployment compensation.
Jeff Merrick, Oregon Trial Attorney
Injury & Employment Law
503-665-4234
