Thursday, October 15, 2009

UC - willful misconduct - prior incidents v. final incident

Philadelphia Parking Authority v. UCBR - Cmwlth. Court - October 15, 2009 - unreported memorandum opinion

http://origin-www.courts.state.pa.us/OpPosting/Cwealth/out/2335CD08_10-15-09.pdf

"Notwithstanding a history of job-related misconduct, an employer must still prove that the final incident of misconduct for which a claimant was purportedly terminated contained an element of willfulness; should the employer fail to establish that the final incident constituted willful conduct, the employer has also failed to prove the required causal connection between the claimant’s purported culpable behavior, and the termination. See SEPTA v. UCBR, 525 A.2d 458 (Pa. Cmwlth. 1987); Crib Diaper Service v. UCBR, 98 A.2d 490 (Pa. Super. 1953). As such, Employer’s arguments regarding Claimant’s prior alleged instances of misconduct are of no moment to the issue on appeal sub judice."
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