Zottola v. Three Rivers School District
This text of 120 P.3d 1255 (Zottola v. Three Rivers School District) is published on Counsel Stack Legal Research, covering Court of Appeals of Oregon primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Petitioner, a teacher, seeks review of an order of the Fair Dismissal Appeals Board that concluded that she had been wrongfully discharged and determined that the amount of her back-pay award should be offset by certain unemployment benefits petitioner had received. Specifically, the board determined that petitioner’s back-pay award should be reduced to the extent that the district had reimbursed the unemployment compensation fund on a “dollar-for-dollar” basis for benefits paid out between petitioner’s discharge and her reinstatement. Petitioner, on review, assigns as error the offset of unemployment benefits from the back-pay award. Two prior cases of this court, as well as an earlier Oregon Supreme Court case, provide clear guidance and precedent for us to affirm the offset under these circumstances. Seibel v. Liberty Homes, Inc., 305 Or 362, 752 P2d 291 (1988); Filter v. City of Vernonia, 95 Or App 550, 770 P2d 83 (1989); German Auto Parts, Inc. v. BOLI, 11 Or App 522, 826 P2d 1026 (1972).
Affirmed.
Free access — add to your briefcase to read the full text and ask questions with AI
Related
Cite This Page — Counsel Stack
120 P.3d 1255, 202 Or. App. 235, 2005 Ore. App. LEXIS 1334, Counsel Stack Legal Research, https://law.counselstack.com/opinion/zottola-v-three-rivers-school-district-orctapp-2005.