Home Care Helpers, LLC v. UCBR
Home Care Helpers, LLC v. UCBR - 1052 C.D. 2016
| Pa. Commw. Ct. | Mar 20, 2017Background
- Claimant worked full-time for Home Care Helpers, LLC as a home health aide caring for her mother from May 1, 2014 until late December 2015.
- Employer told Claimant she could not serve simultaneously as her mother’s representative and as her paid caregiver; County Agency communications indicated the prior representative was removed.
- Employer stopped assigning Claimant to her mother’s care after December 2015 and reassigned mother’s services to other employees; Claimant contends she was fired and never resigned.
- Employer’s Office Manager testified that Claimant voluntarily left and was offered alternative clients (via statements by owners); that testimony rested on out-of-court statements and was uncorroborated at the hearing.
- Claimant testified (through an interpreter) she was terminated, that an owner behaved inappropriately and threatened her, and that no alternative work was actually offered.
- The Referee and Board found Claimant’s separation was involuntary and that Employer failed to prove willful misconduct; Employer appealed to this Court, which affirmed.
Issues
| Issue | Plaintiff's Argument (Claimant) | Defendant's Argument (Employer) | Held |
|---|---|---|---|
| Whether Claimant’s separation was voluntary (Section 402(b)) | Claimant: she was discharged and did not quit; remained able and willing to work | Employer: Claimant voluntarily quit without necessitous and compelling cause; owner offered other assignments | Court: Separation was involuntary; Board’s credibility findings and substantial evidence support that Claimant did not intend to quit |
| Whether Claimant’s separation was due to willful misconduct (Section 402(e)) | Claimant: no willful misconduct shown; Employer presented no competent evidence at hearing | Employer: Claimant engaged in neglect, prompting Protective Services investigation and removal of client | Court: Employer failed to meet burden to prove willful misconduct; no competent evidence presented to Referee or Board |
Key Cases Cited
- Watkins v. Unemployment Comp. Bd. of Review, 65 A.3d 999 (Pa. Cmwlth. 2013) (voluntariness of separation judged by claimant’s intent and totality of facts)
- Chapman v. Unemployment Comp. Bd. of Review, 20 A.3d 603 (Pa. Cmwlth. 2011) (Board is ultimate factfinder; credibility determinations binding if supported by substantial evidence)
- Umedman v. Unemployment Comp. Bd. of Review, 52 A.3d 558 (Pa. Cmwlth. 2012) (record must be developed before appellate review; court will not consider evidence not in certified record)
- Walker v. Unemployment Comp. Bd. of Review, 367 A.2d 366 (Pa. Cmwlth. 1976) (uncorroborated hearsay alone cannot support Board finding)