Court of Appeals of Oregon, 1973

Rasmussen v. Morgan

Rasmussen v. Morgan
Court of Appeals of Oregon · Decided December 24, 1973 · Foley, Schwab, Thornton
16 Or. App. 111; 517 P.2d 303; 1973 Ore. App. LEXIS 679

Rasmussen v. Morgan

Opinion of the Court

PER CURIAM.

Affirmed.

*112This case is analogous to York v. Morgan, 16 Or App 76, 517 P2d 301 (1973), and is governed by it.

Claimant worked for seven years as a part-time legal secretary. When her employer asked her to work a full day she refused. She then sought unemployment benefits but the Employment Appeals Board held she was not eligible because she was unwilling to accept full-time employment as a legal secretary. Her position was that she had three school-age children at home and therefore she was willing to work only up to five hours a day if she could find work close to her home and up to four and one-half hours a day if she had to commute to and from work by bus. The normal employment for a legal secretary is at least a seven-hour period during daylight hours. We see no meaningful distinction between the availability of a legal secretary who for domestic reasons is not available for work during those hours and a licensed practical nurse who for domestic reasons is not available for night work. York v. Morgan, supra. See also Callaghan v. Morgan, 9 Or App 116, 496 P2d 55 (1972).

Affirmed.

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