Thursday, April 17, 2008

UC - willful misconduct - failure to report absence

Ross v. UCBR - UNREPORTED OPINION - Commonwealth Court - April 14, 2008

Claimant committed willful misconduct by failing to properly report her absence, as required by acknowledged employer policy. Claimant's medication caused "extreme fatigue", but the Board found and claimant admitted that she was able to call the employer at some time during the day.

Although claimant's absence was justified, her failure to report it, as required, was willful misconduct. Sedor v. UCBR, 522 A.2d 118 (Pa. Cmwlth 1987)

The fact that the employer policy was not written did not excuse claimant's failure. "It is not necessary that Employer's directive be in writing" in order to establish willful misconduct. Graham v. UCBR, 840 A.2d 1054 (Pa. Cmwlth. 2004).