Woodring v. UCBR – Cmwlth. Court – 10-4-22 – reported, precedential decision
https://www.pacourts.us/assets/opinions/Commonwealth/out/218CD19_10-4-22.pdf?cb=1
Held: Employer satisfied burden of proving claimant’s willful misconduct through the claimant’s own testimony, even though employer did not offer its own witnesses and appeared only through counsel.
An employer’s burden of proof may be carried, in whole or in part, by the claimant’s own testimony. Walker v. UCBR., 202 A.3d 896, 902-03 (Pa. Cmwlth. 2019) (accepting claimant’s testimony as corroboration of employer’s hearsay evidence); Moore v. UCBR., 578 A.2d 606, 608-09 (Pa. Cmwlth. 1990) (noting that “[e]ven where an employer fails to appear [and has] the burden of proving willful misconduct, benefits may be denied if the employee seeking benefits proves the employer’s case”).
At the hearing in this matter, Claimant acknowledged the existence of the policy and that he was aware of it. . . .Claimant also admitted that he sent the email disparaging the newly hired HR Director and accusing Employer of not following its rules. . . . Finally, the letter from Employer terminating Claimant’s employment, which advised Claimant that he was terminated for violating Employer’s email policy, was admitted into evidence without objection. See id. at 3.6
Based on this substantial evidence, the Board properly found that Claimant had committed willful misconduct and, therefore, was ineligible for unemployment benefits under Section 402€ of the Law. 43 P.S. § 802€; Halloran, 188 A.3d at 597; see also Cambria Cnty. Transit Auth., 201 A.3d at 947. Thus, although Employer was not present, Claimant’s testimony, along with the documentary evidence submitted by the parties, carried Employer’s burden of establishing willful misconduct. See Walker, 202 A.3d at 902-03; Moore, 578 A.2d at 608-09.
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Editor’s note: This case is a good example of why a claimant should not appear at a UC hearing involving willful misconduct, except through counsel, where the employer does not have any witnesses and appear only through counsel.
