Wednesday, July 11, 2012

UC - willful misconduct - rule violation - awareness/proof of rule

Doswell v. UCGBR - July 11, 2012 - unreported memorandum opinion
http://www.pacourts.us/OpPosting/Cwealth/out/1691CD11_7-11-12.pdf
Claimant found eligible for benefits in case where ER claimed a rule violation. The ER's only evidence of the rule was a written handbook, which was vague. There was no evidence that the Claimant was aware of the unwritten rule she was accused of having violated.

Where the employee is discharged for violation of a work rule, the employer must show not only that the employee violated the rule but also that the employee was aware of the rule and that her actions in violating the rule were intentional or deliberate. Philadelphia Parking Authority v. Unemployment Compensation Board of Review, 1 A.3d 965 (Pa. Cmwlth. 2010). An employee cannot be found to have intentionally or deliberately violated a work rule for purposes of establishing willful misconduct absent evidence that she was aware of the rule in question. Tongel v. Unemployment Compensation Board of Review, 501 A.2d 716 (Pa. Cmwlth. 1985).

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