K. Richards v. UCBR
2090 C.D. 2016
| Pa. Commw. Ct. | Oct 6, 2017Background
- Kerry Richards, long‑time director of Penn State’s Pesticide Education Program, was discharged July 29, 2016 after an internal audit revealed multiple alleged policy violations.
- Employer alleged at least nine violations: improper vendor/retiree hiring (Chazzbo Media), misuse of P‑card for a gift, employing and timekeeping for her husband, instructing interns to add unworked hours, permitting compensatory time instead of overtime, storing personal granite in program space, failing to timely report lost P‑card and laptop, and off‑site storage of a university vehicle.
- A referee found Employer proved the policies existed and Claimant knew or should have known them but concluded Employer failed to show deliberate violations; the referee allowed benefits.
- The Unemployment Compensation Board of Review credited Employer testimony, found Claimant violated multiple policies without good cause, and reversed the referee, disqualifying Claimant under Section 402(e) for willful misconduct.
- The Commonwealth Court reviewed for substantial evidence and affirmed, holding unchallenged findings (hiring/time issues and off‑site vehicle storage) sufficient to support disqualification.
Issues
| Issue | Richards' Argument | Unemployment Compensation Board / Employer Argument | Held |
|---|---|---|---|
| Whether Claimant committed willful misconduct warranting disqualification under Section 402(e) | Richards: violations were unintentional misunderstandings based on past practices and lack of training; not deliberate or theft | Employer/Board: Claimant knowingly violated reasonable work rules (multiple policy breaches) showing disregard for employer's interests | Court affirmed Board: substantial evidence supports willful misconduct and disqualification |
| Burden of proof and good‑cause allocation | Richards: presented explanations to show good cause for actions | Employer: met initial burden proving rule violations; burden shifted to Richards to prove good cause, which she failed to do | Held: Employer met its burden; Richards did not establish good cause |
| Reliance on some uncredited testimony from referee (credibility) | Richards: referee credited some of her explanations and found no deliberate violation | Employer/Board: Board, as factfinder, credited Employer witnesses and resolved conflicts against Richards | Held: Court defers to Board credibility determinations; its findings are binding if supported by substantial evidence |
| Whether a single qualifying reason among many is sufficient for disqualification | Richards: multiple alleged reasons diluted any single willful act | Employer/Board: disqualification applies if any one reason amounts to willful misconduct | Held: Court reaffirmed that one sufficient reason (e.g., hiring/time‑splitting or unauthorized off‑site vehicle storage) supports disqualification |
Key Cases Cited
- Johns v. Unemployment Compensation Board of Review, 87 A.3d 1006 (Pa. Cmwlth.) (defines willful misconduct categories)
- Walsh v. Unemployment Compensation Board of Review, 943 A.2d 363 (Pa. Cmwlth. 2008) (employer bears burden to prove willful misconduct)
- Williams v. Unemployment Compensation Board of Review, 926 A.2d 568 (Pa. Cmwlth. 2007) (employer must show reasonable work rule and its violation)
- Chapman v. Unemployment Compensation Board of Review, 20 A.3d 603 (Pa. Cmwlth. 2011) (once employer meets burden, claimant must show good cause)
- Anderson v. Unemployment Compensation Board of Review, 485 A.2d 900 (Pa. Cmwlth. 1985) (discharge for multiple reasons disqualifies if any reason is willful misconduct)
- Curran v. Unemployment Compensation Board of Review, 752 A.2d 938 (Pa. Cmwlth. 2000) (Board is ultimate factfinder; resolves credibility)
- Mathis v. Unemployment Compensation Board of Review, 64 A.3d 293 (Pa. Cmwlth. 2013) (Board findings binding if supported by substantial evidence)
- Guthrie v. Unemployment Compensation Board of Review, 738 A.2d 518 (Pa. Cmwlth. 1999) (defines substantial evidence standard)
- Paolucci v. Unemployment Compensation Board of Review, 118 A.3d 1233 (Pa. Cmwlth. 2015) (unchallenged findings are binding on appeal)
- Serrano v. Unemployment Compensation Board of Review, 149 A.3d 435 (Pa. Cmwlth. 2016) (court views record in light most favorable to Board)