Chapman v. Unemployment Compensation Board of Review
20 A.3d 603
| Pa. Commw. Ct. | 2011Background
- Claimant, a registered nurse, was terminated for willful misconduct under Section 402(e) after distributing medications while using a personal cell phone in violation of a workplace policy.
- Employer had a progressive disciplinary policy but could immediately terminate for conduct that could cause a life-threatening situation; Claimant had prior warnings for cell phone use.
- On November 14, 2009, Claimant posted comments on Facebook from her cell phone while on duty and while distributing medications, which the employer investigated.
- Claimant admitted posting the comments; she did not assert she was on break at the time; investigation involved interviews with Claimant, HR, and Director of Nursing.
- The Board found the policy existed, was reasonable, Claimant knew of it, and she violated it, supporting willful misconduct; Referee had concluded no willful misconduct.
- Claimant challenged (i) policy existence/awareness/violation, (ii) reliance on alleged illegal Facebook search, and (iii) Board credibility overruling the Referee.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Existence/awareness of policy and violation | Chapman argues no clear policy or awareness or violation. | Employer showed policy existence, reasonableness, and violation by posting on duty. | Policy proven; Chapman violated it—willful misconduct established. |
| Reliance on Facebook postings as evidence | Facebook postings obtained via an illegal search; invalid evidence. | Record shows admissible admissions; searches and records properly relied on. | Board properly relied on admissible evidence; legality of search not dispositive here. |
| Board's credibility versus Referee findings | Board should defer to Referee's credibility determinations. | Board may resolve conflicting evidence and credit employer witnesses. | Board's credibility determinations upheld; relied on substantial evidence. |
Key Cases Cited
- Guthrie v. Unemployment Compensation Board of Review, 738 A.2d 518 (Pa.Cmwlth.1999) (employer bears burden to prove willful misconduct at work)
- Peak v. Unemployment Compensation Board of Review, 501 A.2d 1383 (Pa.1985) (Board is ultimate finder of fact; credibility issues reserved to Board)
- Chamoun v. Unemployment Compensation Board of Review, 542 A.2d 207 (Pa.1988) (Board may reject referee credibility findings when evidence conflicts)
- Treon v. Unemployment Compensation Board of Review, 453 A.2d 960 (Pa.1982) (Board may reverse referee findings and must state reasons if departing from uncontradicted testimony)
- Pettyjohn v. Unemployment Compensation Board of Review, 863 A.2d 162 (Pa.Cmwlth.2004) (willful misconduct can be found where conduct violates reasonable standards of behavior)
- Teasley v. Unemployment Compensation Board of Review, 431 A.2d 1155 (Pa.Cmwlth.1981) (evidence establishing a reasonable rule and violation supports Board's finding)