The appeals court in Oregon recently reviewed a case that was appealed by an employer after a decision was made by the Bureau of Labor and Industries' Commissioner. The appeals court ultimately sided against the employer and upheld the decision.
The original case stemmed from a complaint filed by a petitioner, which stated that the employer in question had not complied with certain laws required consideration in veteran employment application processes. Specifically, the petitioner claimed that the employer did not have an internal process that provided special consideration for veteran applicants.
BOLI reviewed the complaint and agreed that the process did not provide for special consideration. Special consideration is required under the law for veteran applicants. BOLI ordered the employer to implement a process that provided such consideration. It also ordered the employer to pay damages to the petitioner for emotional distress.
The employer appealed BOLI's decision, but the appeals court did not find any reason to reverse the decision. In fact, it wrote that there was "substantial evidence" to support the original decision.
When dealing with employment law cases, hearings and court matters can become complex. You must not only have a good handle on the evidence in the case, but successful outcome depends on understanding which laws might be in play for any given matter. You might be dealing with laws from federal, state or local agencies as well as regulations for certain industries. Working with an experienced attorney helps ensure no detail is overlooked, which can be critical to success in an appeals process. This is true whether you choose to appeal or the other side is the one that appeals.
Source: Court of Appeals, "Court of Appeals Media Release," April 13, 2016