Thursday, February 25, 2010

UC - after-discovered evidence

Mansour v. UCBR - Cmwlth Court - February 25, 2010 - unreported memorandum opinion

Employer did not become aware of Claimant’s fabrication of the facts concerning a fire at work until after Employer terminated Claimant. The Board, however, relied on this fabrication when it determined that Claimant committed willful misconduct.

In PrimePay, LLC v. UCBR, 962 A.2d 684 (Pa. Cmwlth. 2008), this Court held that an employer satisfies its burden of proving willful misconduct by evidence discovered after the termination of the employee if it establishes that the willful misconduct was concealed and it would have terminated the employee had it been aware of the concealed misconduct.