Wednesday, March 09, 2016

UC - willful misconduct - reporting absence - reasonable steps

Health Care Stat, Inc. v. UCBR – Cmwlth. Court – March 2, 2016 – unreported memorandum opinion*


No willful misconduct where claimant reported her absence in a reasonable way, even though not strictly in accordance with the employer rule.

An employer has not established willful misconduct if an employee has reported an absence in a reasonable manner, even if the manner is not in accord with the employer’s rule. Buscemi v. UCBR, 485 A.2d 1238 (Pa. Cmwlth. 1985). Here, substantial evidence exists to support the Board’s conclusion that Claimant made a reasonable effort to notify Employer that she would not be present on a particular day. . . .Further, Employer failed to present evidence that an established policy regarding call off procedures dictated that only notification to a supervisor or the Director would suffice.

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* An unreported Commonwealth Court case may not be cited binding precedent but can be cited for its persuasive value.  See 210 Pa. Code § 69.414(b) and Pa. R.A.P.  3716

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