Wednesday, July 11, 2012

UC - willful misconduct - poor attitude

Anderson v. UCBR - July 11, 2012 - unreported memorandum decision
http://www.pacourts.us/OpPosting/Cwealth/out/2379CD11_7-11-12.pdf

A vague finding that an employee was discharged for her poor attitude, without more, does not support a finding of willful misconduct. Unemployment Compensation Board of Review v. Dravage, 353 A.2d 88, 89 (Pa. Cmwlth. 1976). "An employee‟s poor attitude must be coupled with some specific conduct adverse to his employer‟s interest, or result in some identifiable detriment to the employer before a conclusion of willful misconduct is justified." Luketic v. UCBR, 386 A.2d 1045, 1047 (Pa. Cmwlth. 1978); see also UCBR v. Kullen, 346 A.2d 926, 927 (Pa. Cmwlth. 1975).

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