Thursday, February 16, 2006

UC - findings - complete/specific

Central Dauphin School District v. UCBR - Commonwealth Court - February 15, 2006

http://www.courts.state.pa.us/OpPosting/CWealth/out/1453CD05_2-15-06.pdf

This is a voluntary quit case in which a teacher left her job because of serious student discipline problems. The court remanded the case back to the UCBR for further findings of fact on a) Claimant's credibility and b) whether the employer provided her "appropriate and sufficient support" in resolving the student discipline problems

The court said that the student behavior, if it took place, "would certainly create circumstances that produced real and substantial pressure to terminate employment… if the facts are found as outlined in the record. However, without specific fact finding we can not [sic] exercise proper appellate review." (emphasis added)

The Board "never ruled on the credibility of Claimant vis-a-vis the alleged conduct" outlined in her testimony or whether the employer provided her "appropriate and sufficient support" in resolving the problem.

Donald Marritz
MidPenn Legal Services

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