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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