Question
how do I do an IRAC method for the case [Evjen v. Employment Agency, 539 P.2d 662 (Or. App. 1975)] Priority of Necessity: Work Comes
how do I do an IRAC method for the case [Evjen v. Employment Agency, 539 P.2d 662 (Or. App. 1975)]
Priority of Necessity: Work Comes before School FACTS: Robert Evjen was a full-time employee of Boise Cascade. At the same time, he was a full- time student at Chemata Community College. He was laid off as part of a general economy move by the employer. He applied for unemployment compensation. His claim was opposed on the ground that he was not available for work because he was going to school. The referee found that Evjen never missed work to go to classes, that he could not afford to go to school without working, and that, in case of any conflict between work and school, work came first. DECISION: Judgment for Evjen. To obtain unemployment benefits, an unemployed individual must prove, among other things, that she or he is "available for work" and is unable to obtain suitable work. A student's unavailability for work during school hours is contrary to the concept of "available for work," which requires availability for all shifts of suitable work. However, Evjen's uncontroverted testimony that his education was secondary to his employment was sufficient to overcome either inference or a presumption of nonavailability. He was available for work and therefore entitled to unemployment compensation.
[Evjen v. Employment Agency, 539 P.2d 662 (Or. App. 1975)]
Thank you!!! this is the case I provided. a brief summary from my textbook.
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