Tuesday, March 10, 2015

UC - willful misconduct - ER-claimant agreement not an admission of wrongful conduct

Bennett v. UCBR – Cmwlth. Court – March 4, 2015 – memorandum opinion – not reported



Private agreement between employer and claimant to change job termination to 12-day suspension is not an admission of the conduct that resulted in the suspension.  It is merely a settlement between the parties.  Without the agreement being admitted into evidence and without testimony regarding the content of the agreement, the UCBR cannot assume that claimant admitted violating the employer’s rules.   There was no testimony or other evidence in the record to support a finding that the agreement constituted an admission of employer rules.



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The opinion, though not reported, may be cited "for its persuasive value, but not as binding precedent."    210 Pa. Code 69.414.