Unsatisfactory
job performance does not necessarily disqualify a claimant for benefits because
incompetence, inexperience or inability to do the job is not willful
misconduct. Geslao v. Unemployment Compensation Board of Review, 519 A.2d
1096, 1097 (Pa. Cmwlth. 1987). In this regard, “a finding that a claimant has
worked to the best of his ability negates a conclusion of willful misconduct.” Norman
Ashton Klinger & Associates, P.C. v. Unemployment Compensation Board of
Review, 561 A.2d 841, 843 (Pa. Cmwlth. 1989). A claimant’s failure to work
to the best of his ability can constitute willful misconduct in limited
situations.
This
Court has explained: When, however an
employee’s on the job performance is below the level of his or her ability and
this conduct continues over a period of time despite the employee being aware
of it as such, it is considered a conscious or careless disregard of the
employer’s interest and constitutes willful misconduct. Younes v. Unemployment Compensation Board
of Review, 467 A.2d 1227, 1228 (Pa. Cmwlth. 1983). Further, “a showing of
actual intent to wrong the Employer is not required. Claimant’s conscious
indifference to his employment duties is enough to support a finding of willful
misconduct.” Cullison v. Unemployment Compensation Board of Review, 444
A.2d 1330, 1331 (Pa. Cmwlth. 1982).
We
agree with the Board that Claimant’s unsatisfactory performance did not rise to
the level of willful misconduct. Employer
may have been justified in discharging Claimant for unsatisfactory job
performance; however, it failed to offer sufficient evidence that Claimant’s
subpar performance constituted willful misconduct.
________________________
The opinion,
though not reported, may be cited "for its persuasive value, but not as
binding precedent." 210
Pa. Code § 67.55. Citing Judicial
Opinions.
