Bruce v. Unemployment Compensation Board of Review

2 A.3d 667, 2010 WL 3136469
CourtCommonwealth Court of Pennsylvania
DecidedAugust 9, 2010
Docket2227 C.D. 2009
StatusPublished
Cited by46 cases

This text of 2 A.3d 667 (Bruce v. Unemployment Compensation Board of Review) is published on Counsel Stack Legal Research, covering Commonwealth Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Bruce v. Unemployment Compensation Board of Review, 2 A.3d 667, 2010 WL 3136469 (Pa. Ct. App. 2010).

Opinions

OPINION BY Judge

COHN JUBELIRER.

Donna S. Bruce (Claimant) petitions for review of an order of the Unemployment Compensation Board of Review (Board), which reversed the decision of an Unemployment Compensation Referee (Referee) to grant benefits and held that Claimant committed disqualifying willful misconduct under Section 402(e) of the Unemployment Compensation Law (Law).1 The Board found Claimant ineligible for benefits because she violated Chapman Nissan’s (Employer) no call/no show policy. Claimant applied for unemployment compensation benefits after becoming separated from her employment with Employer. The Unemployment Compensation Service Center (Service Center) issued a determination finding Claimant ineligible for benefits under Section 402(b) of the Law, 43 P.S. § 802(b). Claimant appealed the Service Center’s determination, and the Referee conducted an evidentiary hearing at which Claimant and two witnesses for Employer appeared and testified. Following the hearing, the Referee reversed the Service Center’s determination and found Claimant was not ineligible for benefits pursuant to Section 402(e). Thereafter, Employer filed an appeal, and the Board twice remanded the matter to the Referee, acting as Hearing Officer for the Board, to learn the disposition of the criminal charges pending against Claimant. Claimant and Employer’s witnesses again appeared and testified at the remand hearings.2 Subsequently, the Board issued an opinion reversing the Referee and holding that Claimant was ineligible for benefits pursuant to Section 402(e). The Board made the following findings of fact:

1. The claimant was last employed as a full-time title clerk by Chapman Nissan from May 28, 2008, at a final rate of $14.25 per hour. Her last day of work was February 27, 2009.
2. The employer has a policy that two days of no call/no show results in termination of employment.
3. The claimant was aware of the employer’s policy.
4. On March 2, 2009, the claimant called off work because it was snowing.
5. The claimant decided to go to the mall and took her two nephews.
6. When they left the mall, the claimant and her two nephews were arrested for shoplifting.
7. On March 3, 2009, the claimant had her aunt call the employer and report that her dog was sick and that she would be in to work on March 4, 2009.
8. That evening, the employer learned that the claimant was in jail.
9. The employer received a call the evening of March 4 from the claimant’s aunt reporting that they were [670]*670on their way to bail the claimant out of jail.
10. The claimant did not report to work or call off on March 5, 2009, or have anyone call for her.
11. The claimant did not report to work or call on March 6, 2009, or have anyone call for her.
12. The claimant was released from jail on March 6, 2009, at 10:00 p.m.
13. The claimant contacted the employer on March 7, 2009, and left a message. The claimant spoke to the employer on Monday, March 9, 2009.
14. The employer terminated the claimant’s employment for job abandonment/being a no call/no show for two days, March 5 and 6, 2009.
15. Other employees called out if they were not coming in.
16. The claimant was charged with possession of a controlled substance, possession of marijuana, use/possession of drug paraphernalia, and receiving stolen property.
17. On September 22, 2009, the claimant entered the ARD program in regard to the charges that had been brought against her. She paid a $50 fine, was placed on 12 months probation, and must perform 16 hours of community service.

(Board Dec., Findings of Fact (FOF) ¶¶ 1-17.) The Board resolved the conflicts in testimony in favor of Employer and determined that Claimant violated Employer’s “known and reasonable policy” by failing to report to work and/or call off from work on March 5 and March 6, 2009. (Board Dec. at 3.) In determining whether Claimant upheld her burden of proving good cause for her absence or failure to call off from work, the Board noted that “[C]laim-ant entered into an ARD program in relation to the charges that had been filed against her.” (Board Dec. at 4.) As such, the Board found that “doing so evidences that [Claimant committed the conduct that resulted in her incarceration, and that she has failed to prove that her incarceration was through no fault of her own. [Claimant has not proven good cause for her failure to report to work or her failure to call off.” (Board Dec. at 4.) Claimant now petitions this Court for review.3

On appeal, Claimant argues that the Board erred: (1) in concluding that Claimant’s failure to report to work or call off from work on March 5th and 6th constituted willful misconduct; (2) by requiring Claimant to prove that her reason for not reporting to work or not calling off from work, her incarceration, was through no fault of her own; (3) in determining that there was substantial evidence to support the finding that Claimant failed to show that her incarceration was through no fault of her own; and (4) by finding that Claimant’s admission into the ARD program evidenced that she committed the conduct that resulted in her incarceration.

We begin with a review of the legal principles applicable to a denial of [671]*671benefits because of willful misconduct. Section 402(e) provides that a claimant will not be eligible for unemployment compensation when “h[er] unemployment is due to h[er] discharge or temporary suspension from work for willful misconduct connected with h[er] work.” 43 P.S. § 802(e). Although the Law does not define the term “willful misconduct,” the courts have defined it as follows:

a) wanton or willful disregard for an employer’s interests; b) deliberate violation of an employer’s rules; c) disregard for standards of behavior which an employer can rightfully expect of an employee; or d) negligence indicating an intentional disregard of the employer’s interest or an employee’s duties or obligations.

Caterpillar, Inc. v. Unemployment Compensation Board of Review, 550 Pa. 115, 123, 703 A.2d 452, 456 (1997). Where a claimant’s willful misconduct is alleged to be the result of a violation of a work rule, the burden is on the employer to prove that the claimant was made aware of the existence of the work rule and that the claimant violated the rule. Bishop Carroll High School v. Unemployment Compensation Board of Review, 125 Pa.Cmwlth. 302, 557 A.2d 1141, 1143 (1989). Once the employer meets its burden of showing willful misconduct, the burden then shifts to the claimant to establish good cause for her actions. Id. “A claimant has good cause if h[er] ... actions are justifiable and reasonable under the circumstances.” Docherty v. Unemployment Compensation Board of Review,

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Cite This Page — Counsel Stack

Bluebook (online)
2 A.3d 667, 2010 WL 3136469, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bruce-v-unemployment-compensation-board-of-review-pacommwct-2010.