Co. of Berks v. UCBR
CourtCommonwealth Court of Pennsylvania
Date FiledOctober 28, 2026
Docket1214 C.D. 2025
JudgeMcCullough
StatusPublished
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Full Opinion
IN THE COMMONWEALTH COURT OF PENNSYLVANIA
County of Berks, :
Petitioner :
:
v. : No. 1214 C.D. 2025
:
Unemployment Compensation : Submitted: September 14, 2026
Board of Review, :
Respondent :
BEFORE: HONORABLE PATRICIA A. McCULLOUGH, Judge
HONORABLE STACY WALLACE, Judge
HONORABLE STELLA M. TSAI, Judge
OPINION
BY JUDGE McCULLOUGH FILED: October 28, 2026
The County of Berks (Employer) petitions for review of the August 22,
2025 order of the Unemployment Compensation Board of Review (Board), which
affirmed the June 23, 2025 decision of a referee (Referee) granting unemployment
compensation (UC) benefits to Emmalinda Briner (Claimant). Employer argues in this
Court that the Board erred in affirming the Referee’s decision because Claimant
engaged in willful misconduct that disqualifies her from receiving UC benefits
pursuant to Section 402(e) of the Unemployment Compensation Law (Law).1
Upon review, we affirm.
I. BACKGROUND AND PROCEDURAL HISTORY
The material facts of this case largely are undisputed and may be
summarized as follows. On February 20, 2025, Claimant applied to a UC Service
Center for UC benefits effective February 16, 2025. The service center denied benefits
on March 14, 2025, concluding that Claimant had engaged in willful misconduct and,
1
Act of December 5, 1936, Second Ex. Sess., P.L. (1937) 2897, as amended, 43 P.S. § 802(e).
accordingly, was disqualified from receiving benefits pursuant to Section 402(e) of the
Law. Claimant appealed the Service Center’s decision, and the Referee conducted a
hearing on June 17, 2025. Both Claimant and Employer appeared at the hearing with
counsel. Claimant testified on her own behalf, and Employer presented the testimony
of four witnesses. Based on the testimony and evidence presented, the Referee made
the following pertinent findings of fact, which we supplement with evidence from the
record, as necessary.
Claimant was employed by Employer from August 2011 through
February 20, 2025, as a part-time registered nurse earning $44.21 per hour.
Claimant worked from 7:00 a.m. until 3:00 p.m. on Saturday and Sunday, every other
weekend. In January 2025, Employer began investigating Claimant’s coworker,
having suspected him of stealing worktime. Through the investigation, which included
the engagement of a private investigator, Employer learned that the coworker had
visited Claimant’s home during his work shift on four dates in January 2025. Claimant
was not scheduled to work on any of the pertinent dates.
During two interviews conducted on January 30, 2025, and February 4,
2025, Employer’s representatives asked Claimant whether the coworker was at her
residence on the dates in question (Interviews).2 Claimant first responded that the
coworker was not at her residence, and when asked a second time, she stated that her
personal life was her own business and did not answer further. (Referee Findings of
Fact (F.F.) 1-2, 6-11.)3
2
Employer conducted the Interviews on days when Claimant was not scheduled to work.
(Reproduced Record (R.R.) at 153a.) A representative from SEIU Healthcare Pennsylvania,
Claimant’s union (Union), was present during both Interviews, either in person or by telephone.
3
Claimant admitted to the Referee that the coworker was, in fact, at her residence on the dates
in question. (R.R. at 154a.)
2
On February 14, 2025, Employer sent Claimant a Loudermill4 letter
advising that she had violated a known work policy by providing false information
during the Interviews. (F.F. 12; R.R. at 132a.) More specifically, Employer alleged
that Claimant had violated Employer’s Disciplinary Guidelines Policy, which includes
disciplinary procedures for the offense of “Refusal to Answer Appropriate Questions
from Appropriate Officials or the Deliberate Concealment or Misrepresentation of
Information” (Policy). (R.R. at 31a, 44a.) The Policy describes a violation as “[l]ying
or misrepresentation or refusing to respond or cooperate with an official acting in [his
or her] official capacity.” Id. at 44a.5 To violate the policy, an employee must (1) be
expected to have knowledge of a particular incident or fact; and, (2) “after being
properly advised of his or her rights, the employee refuse[s] to answer questions
regarding job-related matters” or “deliberately conceal[s] pertinent information and/or
willfully misrepresent[s] the facts in question.” Id. The Policy requires consideration
of mitigating factors, including the employee’s past service, job performance, and
involvement in the situation being investigated. Id. For discipline, the Policy provides
for suspension of 1 to 10 days for a first offense, but permits consideration of discharge
if the offense is “serious in nature.” Discharge is required for a second offense. Id.;
see also F.F. 2-5.
Employer advised Claimant in the Loudermill letter that she had until
February 18, 2025, to submit a written response to the allegations. Claimant did not
4
A Loudermill letter provides a public employee with (1) written notice of allegations of
misconduct, (2) the employer’s substantiating evidence, and (3) an opportunity to respond prior to the
imposition of discipline. Fruchter v. Borough of Malvern, 303 A.3d 530, 532 n.2 (Pa. Cmwlth. 2023)
(citing and quoting Cleveland Board of Education v. Loudermill, 470 U.S. 532, 546 (1985)).
5
Employer also alleged that Claimant violated a work badge policy. That violation did not
form the basis of the UC Service Center’s decision, was not addressed by the Referee or Board, and
is not at issue in this appeal.
3
do so, and on February 20, 2025, Employer sent Claimant a letter terminating her
employment for providing false and misleading information. (F.F. 12-14; R.R. at 52a-
54a, 132a.) Prior to her discharge, Claimant received no other discipline during the
11-year period she worked for Employer. (R.R. at 138a.)
The Union filed grievances on Claimant’s behalf, which ultimately were
resolved by a settlement agreement entered into among Employer, Claimant, and the
Union (Settlement Agreement). In the Settlement Agreement, executed on June 9,
2025, Claimant and the Union agreed that Employer had “just cause” to terminate her
employment. In response, Employer agreed to reinstate Claimant’s employment and
that the period between her termination and reinstatement would be considered an
unpaid suspension. (R.R. at 177a.) As of the date of the hearing before the Referee,
Claimant had not returned to work. Id. at 161a.
Based on the evidence presented at the hearing, the Referee concluded
that Employer did not carry its burden to prove that Claimant willfully violated the
Policy. Specifically, the Referee concluded that Employer did not follow the
disciplinary structure of the Policy, which limited the discipline for a first violation to
a suspension of 1 to 10 days unless Employer determined that the violation was serious
in nature. The Referee noted that Employer did not advise Claimant that her job was
in jeopardy prior to sending the Loudermill letter and further did not introduce
testimony establishing why Claimant’s first-time violation of the Policy was serious
enough to warrant termination instead of suspension. Given that Claimant was not the
subject of the investigation and that Employer already had obtained from its private
investigator the information it requested from Claimant, the Referee determined that
Employer had not established that termination was warranted under the Policy. The
4
Referee accordingly reversed the Service Center’s determination and granted benefits.
(Referee Decision, 6/23/25, at 3-4; R.R. at 184a-85a.)
Employer appealed to the Board, which affirmed. The Board first noted
that the Policy permits discipline only after an employee has been advised of his or her
rights and subsequently refuses to participate in an investigation. The Board concluded
that Claimant was not advised of her rights before she was questioned by Employer
and that Employer’s Loudermill letter did not qualify as pre-interview notice. (Board
Decision, 8/22/25, at 1-2; R.R. at 220a-21a.) The Board also agreed with the Referee
that Employer failed to follow the Policy’s disciplinary scheme, which requires
consideration of mitigating circumstances:
Additionally, [E]mployer did not follow its own disciplinary
process. The [Policy] allows for mitigating factors to be
considered to determine if termination is warranted upon a
first offense. Given that [C]laimant was a long[-]serving
employee, never had any prior infractions of any kind, was
not the target of the investigation, was not on the clock at the
time of the incident[s], and [E]mployer did not need her
answers to move forward against the [coworker], this is a
case that would reasonably require a prior warning [for] a
first offense before termination for a second offense.
Id.
Employer now petitions this Court for review.
II. ISSUES
Employer argues that (1) the Board erred in concluding that Employer
failed to prove Claimant’s willful violation of a work rule; (2) the Board erred in failing
to consider that Claimant’s actions violated standards of conduct that Employer
rightfully may expect from its employees; and (3) the Board erred in failing to consider
that Claimant’s discipline was mitigated from termination to an unpaid suspension
pursuant to the Settlement Agreement. (Employer’s Br. at 4.)
5
III. DISCUSSION6
Section 402(e) of the Law provides that “[a]n employe[e] shall be
ineligible for compensation for any week . . . [i]n which [her] unemployment is due to
[her] discharge . . . from work for willful misconduct connected with [her] work . . . .”
43 P.S. § 802(e). “Willful misconduct” is not defined in the Law, but it has been
interpreted to include “(1) wanton and willful disregard of an employer’s interests; (2)
deliberate violation of rules; (3) disregard of the standards of behavior which an
employer can rightfully expect from an employee; or (4) negligence showing an
intentional disregard of the employer’s interests or the employee’s duties and
obligations.” Johns v. Unemployment Compensation Board of Review, 87 A.3d 1006,
1009 (Pa. Cmwlth. 2014) (citation omitted).
An employer bears the initial burden to prove that an employee engaged
in willful misconduct. Id. The determination of whether an employee’s actions
constitute willful misconduct is a question of law reviewable by this Court on appeal,
id. at 1010, and it requires consideration of “all of the circumstances, including the
6
When reviewing appeals from a Board decision, we will affirm the Board unless (1)
constitutional rights were violated, (2) an error of law was committed, or (3) necessary findings of
fact are unsupported by substantial evidence. Hessou v. Unemployment Compensation Board of
Review, 942 A.2d 194, 197 n.3 (Pa. Cmwlth. 2008) (citation omitted). “Substantial evidence” is “such
relevant evidence as a reasonable mind might accept as adequate to support a conclusion.” Ductmate
Industries, Inc. v. Unemployment Compensation Board of Review, 949 A.2d 338, 342 (Pa. Cmwlth.
2008).
The Board is the ultimate factfinder in UC cases and has the authority to resolve issues of
credibility, conflicting evidence, and evidentiary weight. Id. The prevailing party before the Board
is entitled to the benefit of all reasonable inferences drawn from the evidence, and it is irrelevant that
the record evidence would support alternative findings. Id. Instead, we view the record in the light
most favorable to the party that prevailed before the Board, Chapman v. Unemployment
Compensation Board of Review, 20 A.3d 603, 607 (Pa. Cmwlth. 2011), and the Board’s findings are
conclusive on appeal if the record, taken as a whole, contains substantial evidence supporting them,
Hessou, 942 A.2d at 198. Findings of fact of the Board that are not specifically challenged in this
Court are conclusive. Id.
6
reasons for the employee’s noncompliance with the employer’s policy or directives,”
Navickas v. Unemployment Compensation Board of Review, 787 A.2d 284, 288 (Pa.
2001) (citation and quotation omitted). If an employer meets its initial burden to prove
that an employee engaged in willful misconduct, the burden then shifts to the employee
to prove good cause for the misconduct, which means that the misconduct was
reasonable or justified under the circumstances. Johns, 87 A.3d at 1010; Docherty v.
Unemployment Compensation Board of Review, 898 A.2d 1205, 1208-09 (Pa. Cmwlth.
2006).
Pertinent here, where an employer asserts that it terminated a UC
claimant’s employment because the claimant violated a work rule, the employer must
establish, as part of its case-in-chief, (1) the existence of a work rule; (2) the rule’s
reasonableness; (3) the claimant’s knowledge of the rule; and (4) the claimant’s
violation of the rule. Henderson v. Unemployment Compensation Board of Review,
77 A.3d 699, 718 (Pa. Cmwlth. 2013).
There is no dispute in this case that the Policy exists, that it is reasonable,
and that Claimant was aware of it.7 The parties’ dispute instead centers on whether
Employer proved that Claimant willfully violated the Policy or, as Claimant contends
and the Board found, Employer failed to prove a violation because it did not advise
Claimant of her rights and did not follow the disciplinary scheme contained in the
Policy. Alternatively, the parties’ dispute whether Claimant is otherwise guilty of
willful misconduct by violating general standards of behavior that rightfully were
expected of her.
7
Although there was testimony presented to the Referee indicating that Claimant might not
have been aware of the Policy, the Referee found to the contrary. (F.F. 5.) Claimant signed an
acknowledgment in 2011 that she had received a copy of Employer’s Employee Handbook, R.R. at
51a, and does not assert in this Court that she was unaware of the Policy.
7
A. Violation of the Policy
We address Employer’s first and third issues together because they both
relate to whether Employer carried its burden to prove a willful violation of the Policy
that justified terminating Claimant’s employment. Employer argues first that the Board
erred in concluding that Employer failed to advise Claimant of her rights or follow the
Policy’s disciplinary scheme. Employer contends that Claimant was advised of her
rights because she was accompanied by a Union representative at both Interviews and
was aware of the Policy’s existence. Employer also insists that it was justified in
terminating Claimant’s employment under the Policy, which permits termination for
first-time violations that are serious in nature. (Employer’s Br. at 15-22.) Even if
termination was not justified, Employer asserts that it ultimately complied with the
Policy’s discipline scheme because it reduced Claimant’s discipline to a suspension
pursuant to the terms of the Settlement Agreement. We must disagree with Employer
on all counts.
The Policy provides that an employee commits a violation if, “[a]fter
being properly advised of his or her rights,” the employee either refuses to answer
questions regarding job-related matters8 or willfully conceals or misrepresents the facts
in question. (R.R. at 44a.) The Board found that Claimant was not advised of her
rights before the Interviews, and that finding is supported by substantial evidence in
the record. Employer presented no evidence that its representatives advised Claimant
of any rights prior to beginning either Interview. Further, the presence of a Union
representative at the interviews does not establish that Claimant was advised of any
8
Although Claimant has not disputed that she was interviewed about “job-related matters,”
we note that she was not scheduled to work when Employer conducted the Interviews, and the subject
matter of Employer’s investigation related to a coworker’s on-the-job conduct, not Claimant’s.
8
rights she might have under the Policy or otherwise. Claimant testified that neither
Employer nor the Union representatives explained any of her rights or the requirements
of the Policy prior to or during the Interviews, see R.R. at 155a-56a, and the Union
could not in any event do for Employer what the Policy requires of it.9
The fact that Claimant was or should have been aware of the Policy also
does not establish that she was advised of her rights prior to questioning. The Policy
itself does not necessarily contain all of Claimant’s rights in this regard, and the only
evidence presented by Employer of Claimant’s awareness of the Policy was Claimant’s
signed acknowledgement in 2011 that she had received the Employee Handbook. (R.R.
at 51a.) Moreover (and to state the obvious), the fact that the Policy explicitly requires
Employer to affirmatively and “properly” advise an employee of his or her rights before
questioning assumes that an employee’s mere awareness of the Policy’s existence will
not, in itself, satisfy Employer’s obligations in this regard. For these reasons, we cannot
conclude that the Board erred or abused its discretion in concluding that Employer
failed to advise Claimant of her rights prior to conducting the Interviews.
As to Employer’s compliance with the Policy’s disciplinary scheme,
[i]t is well-established that “an employee’s conduct cannot
be considered willful misconduct for unemployment
compensation purposes when the employer has not adhered
to its own progressive disciplinary system in discharging the
employee.” Frigm v. Unemployment Compensation Board
of Review, [ ] 642 A.2d 629, 634 (Pa. Cmwlth. 1994); see
also PMA Reinsurance Corp. v. Unemployment
Compensation Board of Review, [ ] 558 A.2d 623, 625-26
(Pa. Cmwlth. 1989) (holding that because the employer
9
Employer’s Loudermill letter also did not satisfy Employer’s obligation to advise Claimant
of her rights prior to questioning. The Loudermill letter advised Claimant, after the Interviews, that
Employer believed she had violated the Policy and was considering “severe disciplinary action.”
(R.R. at 53a.) Quite obviously, a letter from Employer advising Claimant that she was in violation of
the Policy cannot constitute pre-violation notice to Claimant of her rights.
9
failed to follow its progressive disciplinary policy in
discharging the claimant, it also failed to establish the
discharge was for willful misconduct); Brady v.
Unemployment Compensation Board of Review, [ ] 544 A.2d
1085, 1088 (Pa. Cmwlth. 1988) (concluding the claimant did
not commit willful misconduct where employer did not
follow its progressive disciplinary policy in terminating the
claimant); Looney v. Unemployment Compensation Board of
Review, [ ] 529 A.2d 612, 614 (Pa. Cmwlth.
1987) (concluding that “[w]here an employer has established
a specific rule applicable to all employees, it must follow its
own progressive discipline policy when disciplining specific
employees”).
Zimmerman v. Unemployment Compensation Board of Review, 236 A.3d 151, 161 (Pa.
Cmwlth. 2020) (en banc). The Board concluded that Employer failed to comply with
the Policy’s disciplinary scheme by failing to consider mitigating factors and failing to
prove that Claimant’s first-time violation of the Policy was serious enough to warrant
termination. (R.R. at 220a-21a.) We discern no error by the Board.
First, although Employer argues that the Board erred in this respect, it
does not explain how. Employer simply argues that the Policy permits termination for
serious violations and that Claimant’s violation was serious. (Employer’s Br. at 20-
22.) The Board’s finding to the contrary, however, is supported by substantial evidence
in the record. The Board noted that Claimant (1) was a long-serving employee with no
prior infractions of any kind, (2) was not the target of the subject investigation, (3) was
at home and not scheduled to work on the dates in question, and (4) misrepresented or
declined to give Employer information that Employer already had obtained from its
private investigator. These facts are all undisputed in the record, and the Policy
mandates that they be considered prior to the imposition of discipline. There is no
indication that Employer considered them, and they amply support the Board’s finding
10
that this was not a “serious” violation warranting immediate termination. Employer’s
arguments in this regard therefore are without merit.
Employer also summarily contends that the Board failed to consider that
Claimant ultimately was not terminated but, rather, was suspended without pay
pursuant to the terms of the Settlement Agreement. (Employer’s Br. at 26-28.) We
again discern no error. The Settlement Agreement was not executed until
approximately four months after Claimant was terminated, and Claimant’s
employment still had not been reinstated as of the date of the hearing before the
Referee. Thus, even assuming that the Settlement Agreement’s terms could be
considered by the Board, the agreed-upon suspension still did not comply with the
Policy’s discipline scheme, which provides for a suspension of 1 to 10 days for first
violations, not 4 months or longer.10
B. Violation of Other Standards of Behavior
Employer argues in the alternative that, even if Claimant did not violate
the Policy, she nevertheless disregarded standards of behavior that Employer rightfully
expected of her. (Employer’s Br. at 22-26.)
A work rule violation need not be shown where the applicable standard of
behavior is obvious and the employee’s conduct is so offensive to the employer’s best
interests that discharge is an expected result. Pierce-Boyce v. Unemployment
Compensation Board of Review, 289 A.3d 130, 137 (Pa. Cmwlth. 2022) (citing Spare
v. Unemployment Compensation Board of Review, 432 A.2d 283 (Pa. Cmwlth. 1981)).
In other words, “a disregard of the standard of behavior which the employer ha[s] a
10
We also note that, although Claimant and the Union conceded in the Settlement Agreement
that Employer had “just cause” to terminate her employment, “just cause” is not the same as “willful
misconduct” under the Law, and the Settlement Agreement does not specify what conduct constituted
“just cause.” (R.R. at 177a.)
11
right to expect of [an employee], . . . [can be] willful misconduct, apart from whether
or not . . . that [employee] violated work rules . . . .” Id. (quoting Lee v. Temple
University (Personnel), 363 A.2d 890, 892 (Pa. Cmwlth. 1976)) (some editing in
original). “A disregard of rightfully expected standards of behavior has been described
as including a knowing falsehood or misrepresentation to an employer by an employee
concerning an employee’s work,” but the employee’s actions in this regard must be
“affirmatively deceptive” to constitute willful misconduct. DeRiggi v. Unemployment
Compensation Board of Review, 856 A.2d 253, 256 (Pa. Cmwlth. 2004) (citations and
internal quotations omitted).
Employer contends that Claimant made deliberate misrepresentations
during the Interviews regarding whether her coworker was at her residence on the days
in question. Relying on this Court’s decisions in Zelonis v. Unemployment
Compensation Board of Review, 395 A.2d 712 (Pa. Cmwlth. 1979), and Arias v.
Unemployment Compensation Board of Review (Pa. Cmwlth., No. 251 C.D. 2020, filed
February 10, 2022) (unreported),11 Employer insists that Claimant’s “affirmatively
deceptive” statements, even if not violative of the Policy, violate other objective
standards of behavior and, therein, constitute willful misconduct that precludes an
award of UC benefits. We cannot agree.
Both Zelonis and Arias illustrate that dishonest statements made by an
employee to an employer may constitute willful misconduct only where the statements
concern the employee’s work. DeRiggi, 856 A.2d at 256. This element is missing in
this case, which makes it distinguishable from Zelonis and Arias and precludes a
finding of willful misconduct. In Zelonis, the claimant, a hotel reservation clerk, took
a personal call on his employer’s telephone line during his work shift. Knowing that
11
Although Arias is an unreported decision, it may have persuasive value. See Section 414(a)
of the Commonwealth Court Internal Operating Procedures, 210 Pa. Code § 69.414(a).
12
such calls were prohibited except in cases of emergency, the claimant told the employer
that it was an emergency call from his wife. Zelonis, 395 A.2d at 712-13. After
discovering the true nature of the call, the employer confronted the claimant and asked
him if the call was from his wife. The claimant insisted that it was and, as a result, was
discharged. Id. at 713. The claimant was denied UC benefits for willful misconduct,
and we affirmed, concluding that a “knowing falsehood or misrepresentation to the
employer concerning the employee’s work constitutes a willful disregard of the
employer’s interest and a departure from the standards of behavior an employer can
rightfully expect of an employee.” Id. (emphasis added).
Similarly, in Arias, the UC claimant was denied benefits for willful
misconduct associated with her work as an intake caseworker for a personnel agency.
When confronted by the employer with the latest of her serial failures to comply with
protocols for properly documenting information, the claimant lied and said that she had
merely included the information in the wrong place and would correct the mistake.
Arias, slip op. at 11-12. The Board denied UC benefits and we affirmed, concluding
that the claimant’s actions constituted willful misconduct because they involved a
“knowing falsehood or misrepresentation by [the c]laimant on an issue concerning her
work.” Id., slip op. at 12 (emphasis added).
Although not directly relied upon by Employer, DeRiggi extends this
principle to dishonest statements made to an employer about a coworker’s activity: to
constitute willful misconduct, the statements must concern the coworker’s
employment. In DeRiggi, a UC claimant was terminated for knowing, and lying to his
supervisor, about a co-worker’s theft of the employer’s property. 856 A.2d at 254.
After he learned of the theft, and to cover for the coworker, the claimant told his
supervisor that he had authorized the coworker’s taking of the property. Id. at 254-55.
13
When later interviewed by the employer during an inventory audit, the claimant
admitted that he knew about the theft and that he had falsely told his supervisor that he
authorized his coworker’s taking of the property. Id. The claimant thereafter was
discharged for lying to the employer about the theft. Id.
The Board denied UC benefits based on willful misconduct, and we
affirmed. Although we acknowledged that, ordinarily, an employee will not be guilty
of willful misconduct merely for failing to disclose a coworker’s activity, where, as in
DeRiggi, an employee is affirmatively deceptive to an employer about the coworker’s
activity, willful misconduct may be found. Id. at 256-57. Because the claimant in
DeRiggi “took affirmative action when he, on his own initiative, called his supervisor
and misled him about the circumstances regarding the taking of the [property],” we
concluded that the Board did not err in denying benefits. Id.; see also Groover v.
Unemployment Compensation Board of Review, 579 A.2d 1017, 1019-20 (Pa. Cmwlth.
1990) (to constitute willful misconduct, an employee’s actions concerning a
coworker’s misconduct must be affirmatively deceptive; the mere passive failure to
disclose information about a coworker’s misconduct is insufficient).
Here, it is undisputed that Claimant’s statements denying her coworker’s
presence at her residence and refusing to answer any further questions concerned
conduct that occurred at Claimant’s residence when she was not scheduled to work.
The statements therefore did not concern Claimant’s work. Moreover, although
Employer knew, based on the private investigator’s report, that Claimant’s coworker
was scheduled to be on the job on the dates in question, nothing in the record indicates
(1) that Claimant was aware of, or responsible for, the coworker’s work schedule, and,
accordingly, (2) that she knew he left work to visit her.12 Claimant thus likewise did
12
Claimant testified that Employer’s representatives did not advise her prior to or during the
Interviews that Employer already had investigated the coworker’s activity. (R.R. at 154a.)
14
not make affirmatively deceptive statements about her coworker’s work either. For
these reasons, Claimant’s answers during the Interviews cannot constitute willful
misconduct justifying a denial of UC benefits.
IV. CONCLUSION
Because we conclude that the Board did not err or abuse its discretion in
determining that Employer failed to establish Claimant’s willful misconduct, we affirm
its August 22, 2025 order granting benefits.
________________________________
PATRICIA A. McCULLOUGH, Judge
15
IN THE COMMONWEALTH COURT OF PENNSYLVANIA
County of Berks, :
Petitioner :
:
v. : No. 1214 C.D. 2025
:
Unemployment Compensation :
Board of Review, :
Respondent :
ORDER
AND NOW, this 28th day of October, 2026, the August 22, 2025 order
of the Unemployment Compensation Board of Review is hereby AFFIRMED.
________________________________
PATRICIA A. McCULLOUGH, Judge