Wednesday, June 01, 2016

UC - willful misconduct - lateness - car problems

Shiloh Home Care v. UCBR – Cmwlth. Court – May 18, 2016 – unreported memorandum decision

Claimant not guilty of willful misconduct for violating employer’s lateness policy.  Her car had broken down.  She could not afford to buy another car.  Her alternate means of transportation (family and friends) was not reliable.  The Court relied on Bell Socialization Services v. UCBR, 74 A.3d 1146 (Pa. Cmwlth. 2013).

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

If the case is old, the link may have become stale and may not work, but you can use the case name, court, and date to find the opinion in another source (e.g., Westlaw, Lexis, Google Scholar)
This is Gerry Studzinski’s case, MPLS-York.