A. Negron v. UCBR
CourtCommonwealth Court of Pennsylvania
Date FiledOctober 26, 2026
Docket1029 C.D. 2025
JudgeDumas
StatusUnpublished
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Full Opinion
IN THE COMMONWEALTH COURT OF PENNSYLVANIA
Ana Negron, :
Petitioner :
: No. 1029 C.D. 2025
v. :
: Submitted: September 14, 2026
Unemployment Compensation Board of :
Review, :
Respondent :
BEFORE: HONORABLE CHRISTINE FIZZANO CANNON, Judge
HONORABLE LORI A. DUMAS, Judge
HONORABLE BONNIE BRIGANCE LEADBETTER, Senior Judge
OPINION NOT REPORTED
MEMORANDUM OPINION BY
JUDGE DUMAS FILED: October 26, 2026
Ana Negron (Claimant), proceeding pro se, has petitioned this Court to
review the adjudication issued by the Unemployment Compensation Board of
Review (Board) on June 23, 2025, which affirmed a Referee’s decision that the
Claimant was ineligible for unemployment compensation (UC) benefits under
section 402(e) of the UC Law relating to willful misconduct.1 Upon review, we
affirm.
1
Section 402(e) of the UC Law, Act of December 5, 1936, Second Ex. Sess., P.L. (1937)
2897, as amended, 43 P.S. § 802(e) (stating that an employee is ineligible for compensation when
his separation from employment is due to willful misconduct connected with his work).
I. BACKGROUND2
Claimant was employed full time as a SWEEP Officer for the City of
Allentown (Employer) from October 2007 to February 2025. During the course of
his employment, Claimant signed an acknowledgment that he understood and was
responsible for compliance with Employer’s workplace policies, which included a
sexual harassment policy and a “fleet operations” policy that prohibits employees
from idling their work vehicles longer than is necessary to safely operate those
vehicles.
Due to several prior incidents of insubordination, Employer issued
Claimant a last chance agreement on February 23, 2024. Nevertheless, on
November 15 and 20, 2024, Claimant made unwanted sexual comments to his
supervisor, who reported the incidents to Employer. Thereafter, on December 12,
2024, Claimant left his work vehicle idling and became upset and obstinate when
instructed to turn off the vehicle.
On January 25, 2025, Employer placed Claimant on paid administrative
leave while investigating Claimant’s conduct. On February 18, 2025, Claimant
participated in a Loudermill3 hearing, and his last day of work was February 19,
2
Unless stated otherwise, we adopt this background from the Board’s decision and order,
which adopted the Referee’s findings and conclusions. See Bd.’s Decision & Order, 06/27/25; see
also Referee’s Decision, 05/16/25. We note further that the transcript of the hearing in this matter
identifies Claimant as “Mr. Negron.” For example,
[Claimant’s Rep.] Okay. Mr. Negron, did you make any sexual comment to
Ms. Alkhal on or about November 15th if you recall?
[Claimant] That conversation with Ms. Alkhal never happened.
Hr’g Tr., 5/15/25, at 26
3
A Loudermill hearing is a pre-termination meeting given to public employees, affording
them a constitutional right to respond to charges against them. Cleveland Bd. of Educ. v.
Loudermill, 470 U.S. 532 (1985).
2
2025. Employer terminated Claimant for violating Employer’s policies against
sexual harassment and insubordination.
Claimant filed for UC benefits, which the UC Service Center denied.
Claimant appealed to a Referee, who held a hearing where Claimant and three
witnesses for Employer testified, including Giselle Alkhal, Claimant’s supervisor
and the subject of Claimant’s offending sexual comments, and Hiba Khouri, a human
resources generalist and witness to Claimant’s sexual misconduct.4 The Referee
affirmed, finding that Claimant had committed willful misconduct. Claimant timely
appealed to the Board, which affirmed the Referee. Claimant then timely appealed
to this Court.
II. ISSUES
Claimant raises two issues for review, which we have reordered and
rephrased as follows. First, Claimant asserts that the Board violated his right to due
process by relying on hearsay and denying him a fair opportunity to challenge the
evidence against him. Claimant’s Br. at 4, 8. Second, Claimant contends that he did
not commit willful misconduct. Id. at 4, 7-8.
III. DISCUSSION5
A. Due Process
Claimant asserts that the Board violated his right to due process. Id. at
8. According to Claimant, the Board permitted “unverified hearsay” testimony from
Khouri yet failed to offer Claimant a full and fair opportunity to rebut Khouri’s
4
As noted, Claimant has proceeded pro se. Nevertheless, at the hearing, Claimant had the
assistance of a non-legal representative, Spencer Cohn. See Hr’g Tr. at 1-2.
5
Our review of the Board’s decision is limited to “determining whether necessary findings of
fact were supported by substantial evidence, whether errors of law were committed, or whether
constitutional rights were violated.” Pierce-Boyce v. Unemployment Comp. Bd. of Rev., 289 A.3d
130, 135 n. 4 (Pa. Cmwlth. 2022).
3
allegations that Claimant had committed sexual misconduct.6 Id. (citing Walker v.
Unemployment Comp. Bd. of Rev., 367 A.2d 366 (Pa. Cmwlth. 1976)). Thus,
Claimant concludes, the Court must reverse the Board’s decision or remand for a
new hearing consistent with due process. Id.
In administrative proceedings, due process requires notice and an
opportunity to be heard. 2 Pa.C.S. § 504-05; Goldata Comput. Servs., Inc., v. Dep’t
of Banking & Sec., 350 A.3d 278, 308 (Pa. Cmwlth. 2025); Groch v. Unemployment
Comp. Bd. of Rev., 472 A.2d 286, 287–88 (Pa. Cmwlth. 1984). This includes a
claimant’s right to file a brief and request oral argument. McFadden v.
Unemployment Comp. Bd. of Rev. 806 A.2d 955, 958 (Pa. Cmwlth. 2002).
Importantly, “[a] party’s due process rights include an opportunity to confront and
cross-examine adverse witnesses.” 2 Pa.C.S. § 505; Henderson v. Unemployment
Comp. Bd. of Rev., 77 A.3d 699, 715 (Pa. 2013) (“Reasonable examination and
cross-examination shall be permitted.”).
Here, Claimant, accompanied by a non-legal representative, was
afforded the opportunity to participate in an evidentiary hearing with a Referee. See
generally Hr’g Tr. During this hearing, Claimant had ample opportunity to cross-
examine each of Employer’s witnesses. See, e.g., Hr’g Tr. at 19-24 (cross-
examining Alkhal), 25-26 (cross-examining Khouri). Following Employer’s
presentation of evidence, Claimant presented testimony supporting his version of
events. See Hr’g Tr. at 25-32. Finally, following the admission of evidence and the
close of testimony, Claimant offered oral argument. See Hr’g Tr. at 37.
6
Claimant asserts that the Board relied on unverified hearsay. Claimant’s Br. at 8.
Immediately thereafter, Claimant suggests the last-minute testimony from Khouri “exemplifies the
procedural deficiencies in the hearing.” Id. (emphasis omitted). Thus, we infer that Claimant
specifically challenges the admission of Khouri’s testimony. However, our analysis is equally
applicable if Claimant intended to challenge Alkhal’s testimony as well.
4
Regarding Claimant’s hearsay argument, specifically, we note the
following: “Hearsay means a statement that (1) the declarant does not make while
testifying at the current trial or hearing; and (2) a party offers in evidence to prove
the truth of the matter asserted in the statement.” Pa.R.E. 801(c). Absent an
exception, hearsay evidence is inadmissible. Pa.R.E. 802.
Generally, “agencies shall not be bound by technical rules of evidence
at agency hearings, and all relevant evidence of reasonably probative value may be
received.” 2 Pa.C.S. § 505. Notwithstanding, the “Walker Rule” invoked by
Claimant limits the admissibility of hearsay evidence in the following manner.
Hearsay evidence, properly objected to, cannot support a finding in an administrative
hearing. Walker, 367 A.2d at 370. If a party does not object to its admissibility,
hearsay evidence may support a finding of the Board, provided it is corroborated by
any competent evidence. Id.; Pierce-Boyce, 289 A.3d at 137. However, “[t]he
Walker Rule need not be considered if evidence is admissible under an exception to
the hearsay rule.” Tran v. Unemployment Comp. Bd. of Rev., 348 A.3d 371, 382 (Pa.
Cmwlth. 2025) (citation omitted).
Finally, the improper admission of evidence, including hearsay
evidence, can implicate due process concerns. See Speight v. Dep’t of Corr., 989
A.2d 77, 80 n. 3 (Pa. Cmwlth. 2010) (“The Walker Rule is not truly a rule of evidence
but based on the principle that fundamental due process requires that no adjudication
be based solely on hearsay evidence.”); Unemployment Comp. Bd. of Rev. v. Ceja,
427 A.2d 631, 645-47 (Pa. 1981) (Roberts, J., concurring) (cautioning against a fact-
finder’s sole reliance on hearsay, as it “would deny claimants in administrative
proceedings the due process protections regarding admissibility of hearsay evidence
which are afforded civil litigants who proceed to trial”).
5
Khouri’s testimony constitutes hearsay. It includes a statement
allegedly made by Claimant, out of court, to prove that Claimant made an offensive
comment to Alkhal. See Hr’g Tr. at 24 (“I witnessed the Claimant make a statement
about wrapping Gizelle like a present and putting her under the Christmas tree.”).
Nevertheless, this testimony was admissible as an opposing party’s statement.
Pennsylvania Rule of Evidence 803(25)(A) provides that a statement “offered
against an opposing party and . . . made by the party in an individual or representative
capacity” is not excluded by the rule against hearsay. Pa.R.E. 803(25)(A). Here,
Khouri’s testimony was offered against Claimant, and Claimant is the one who made
the statement to which Khouri testified. Thus, we need not address the Walker Rule.
See Tran, 348 A.3d at 382.
For these reasons, we discern no violation of Claimant’s right to due
process. See id.; Henderson, 77 A.3d at 715; McFadden, 806 A.2d at 958; Goldata
Comp. Servs., Inc., 350 A.3d at 308.
B. Willful Misconduct
Next, Claimant challenges the Board’s decision that he committed
willful misconduct. See Claimant’s Br. at 7-8. In support, he offers several
arguments. Claimant specifically denies the allegations of sexual misconduct. Id.
at 7. Further, in his view, the Board’s contrary finding must be rejected because
there was no credible, competent evidence introduced by Employer. See id.
(rejecting the testimony of Khouri and Alkhal as lacking credibility and reliability).
Additionally, according to Claimant, Employer failed to introduce any evidence that
6
Claimant’s alleged conduct was intentional or deliberate. See id. at 7-8. Rather,
Claimant maintains that he “consistently acted in good faith . . . .” Id. at 8.7
Essentially, Claimant’s first argument challenges the Board’s role as
factfinder. Claimant maintains that the Board erroneously credited the testimony of
Employer’s second witness, Khouri, because she is purportedly related to Claimant’s
supervisor and her testimony was “unverified and potentially biased.” Claimant’s
Br. at 5. This argument renews assertions made by Claimant at the hearing, where
Claimant testified that the accusations against him were levied in retaliation because
he had reported Alkhal for being high at work. Hr’g Tr. at 27. Claimant also argues
that Alkhal and Khouri are related to one another and this interferes substantially
with their ability to provide credible testimony.8 Id. at 28-29.
“In UC cases, the Board is the ultimate factfinder and is empowered to
resolve all issues of witness credibility, conflicting evidence, and evidentiary
weight.” Pierce-Boyce, 289 A.3d at 136. Because the Board is the ultimate
factfinder, its findings and credibility determinations are conclusive on appeal so
long as they are supported by substantial evidence of record. Guthrie v.
Unemployment Comp. Bd. of Rev., 738 A.2d 518, 521 (Pa. Cmwlth. 1999).
Substantial evidence is relevant evidence that a reasonable person may accept as
adequate to support a finding. Pierce-Boyce, 289 A.3d at 136.
7
It appears that these later arguments are directed to Claimant’s alleged violation of
Employer’s fleet operations policy. See Claimant’s Br. at 7 (“[Claimant’s] actions, including any
alleged [f]leet [o]peration issues, were neither deliberate nor malicious.”). These arguments are
misplaced. To be clear, the Board did not deny Claimant benefits for his alleged violation of
Employer’s fleet operations policy, but rather for making inappropriate sexual comments and for
insubordination. Bd.’s Decision & Order at 1. We will consider his legal argument to the extent
it is relevant.
8
Khouri testified that she is not related to Alkhal. Hr’g Tr. at 25.
7
Both witnesses for Employer provided the same account of Claimant’s
sexual misconduct on November 20, 2024. Hr’g Tr. at 14 (“[Claimant] walked in
and said Boss, I want to wrap you up and put you under the tree so I can open you
up later.”); 24 (same). Additionally, Alkhal also testified to an incident that occurred
on November 15, 2024, when Claimant told her, “I would like to take you [to a strip
club] and break you in.” Id. at 13.9 In response to this testimony, Claimant
specifically denied making any offensive remarks to Alkhal. See, e.g., Hr’g Tr. at
26 (“That conversation never happened. It never took place and such things didn’t
come out of my mouth.”). Considering these disparate versions, the Board rejected
Claimant’s version and credited the testimony from Employer’s witnesses. See
Bd.’s Decision & Order, 06/27/25; see also Referee’s Decision, 05/16/25.
Claimant requests this Court reweigh the testimony in his favor. We
decline to do so, as substantial evidence supports the Board’s findings. Pierce-
Boyce, 289 A.3d at 135-136.
Next, Claimant argues that his behavior did not constitute willful
misconduct. Claimant’s Br. at 7. The term “willful misconduct” is not defined by
statute, but this court has defined it as “(1) an act of wanton and willful disregard of
an employer’s interests; (2) a deliberate violation of rules; (3) a disregard of the
9
We include Alkhal’s complete response for context:
The Claimant asked me to have -- I’m sorry. He asked me to have a Thanksgiving
luncheon for the SWEEP office because he did not feel like he was included. So I
had asked him if he’d like to accompany me to the Family Dollar to buy stuff for
the party, and he did. We parked in front of Family Dollar and next door to it is
Platinum Plus[, a strip club]. And that’s when he asked me if I [had] ever been
there, and I said no. And he said it’s really fun. I go with my wife for our birthdays,
and I would like to take you there and break you in. And I said I don’t like that
type of conversations. I’ve never been to a strip club. I would not go to [] one.
Please don’t ever talk about that.
Hr’g Tr. at 13.
8
standards of behavior which an employer can rightfully expect from an employee;
[] (4) negligence showing an intentional disregard of the employer’s interest; [or]
(5) [] the employee’s duties and obligations.” Waverly Heights, Ltd. v.
Unemployment Comp. Bd. of Rev., 173 A.3d 1224, 1228 (Pa. Cmwlth. 2017).
The burden of proving willful misconduct rests with the employer.
Adams v. Unemployment Comp. Bd. of Rev., 56 A.3d 76, 78-79 (Pa. Cmwlth. 2012).
Where an employer seeks to deny benefits based on a work-rule violation,
the employer must prove the existence of a work rule, the reasonableness of the rule,
that the employee was aware of the rule, and the employee’s violation of the rule.
Waverly Heights, 173 A.3d at 1228. If the employer meets this burden, the burden
of proof shifts to the employee to prove that he had good cause for his actions.
Halloran v. Unemployment Comp. Bd. of Rev., 188 A.3d 592, 597 (Pa.
Cmwlth. 2018).
Here, Claimant does not challenge the existence of a workplace rule
against insubordination or sexual harassment, nor does he suggest such rules or
policies would be unreasonable. Rather, Claimant asserts that Employer failed to
provide evidence of any “intentional or deliberate” violation. Claimant’s Br. at 7-8
(citing Navickas v. Unemployment Comp. Bd. of Rev., 787 A.2d 284 (Pa. 2001)).10
In Navickas, a nurse was discharged because she improperly
administered antibiotic medication to a patient. Navickas, 787 A.2d at 300-01.
Although the patient was unharmed, the nurse’s mistake rendered the medication
10
Claimant also relies on holdings in Taylor v. UCBR and Borough of Coaldale v. UCBR.
Claimant’s Br. at ii. Both of these cases involve voluntary termination and the Claimant’s
responsibility to show a necessitous and compelling reason to do so in order to receive UC benefits.
See generally Taylor v. Unemployment Comp. Bd. of Rev., 378 A.2d 829 (Pa. 1977); see also
Borough of Coaldale v. Unemployment Comp. Bd. of Rev., 745 A.2d 728 (Pa. Cmwlth. 2000).
Neither case addresses issues relevant to Claimant’s argument.
9
less effective. Id. She applied for UC benefits but was denied based on a finding of
willful misconduct. Id. at 301. On appeal, this Court agreed, reasoning that nurses
are held to a “higher standard of care” than most other employees. Id. at 299-300.
Upon further review, however, the Supreme Court reversed our
holding, because the nurse’s actions were inadvertent and negligent but did not rise
to a level of deliberateness amounting to willful misconduct. Id. at 307. The
Navickas Court instructed that such “mere negligence” is insufficient because “our
working definition of willful misconduct speaks only of negligence of such a
magnitude as to indicate an intentional disregard of the employer’s interest or the
employee’s duties. Id. at 306 (cleaned up). An employee’s negligence constitutes
willful misconduct “only if it is of such a degree or recurrence as to manifest
culpability, wrongful intent, or evil design, or show an intentional and substantial
disregard of the employer’s interest or of the employee’s duties and obligations to
the employer.” Id. An employee’s failure to work up to his full, proven ability,
especially after multiple warnings, must be construed as willful misconduct because
such conduct demonstrates an intentional disregard of the employer’s interest or the
employee's obligations and duties. Scott v. Unemployment Comp. Bd. of Rev., 36
A.3d 643, 648 (Pa. Cmwlth. 2012).
Here, Claimant was not terminated for a single act of insubordination.
Rather, since his employment began in 2007, Claimant was disciplined for numerous
acts of insubordination, resulting in a two-day suspension, a five-day suspension,
and a “last chance agreement.” Hr’g Tr. at 33; Emp’r Exh. 3. In addition to evidence
of Claimant’s progressive disciplinary record and the credited testimony of
Employer’s witnesses, Employer provided a copy of its employee handbook, signed
by Claimant, that included Employer’s strict policies regarding sexual harassment
10
and fleet operations. Emp’r Exh. at 7. Claimant confirmed he was aware of
Employer’s sexual harassment policy and that his repeated acts of insubordination
could result in termination.11 Hr’g Tr. at 32-33. Following the issuance of the last
chance agreement, Claimant again violated Employer’s policies and became
belligerent when asked to comply, resulting in his termination. Hr’g Tr. at 20
(“[Claimant] said that I was targeting him, and that I was out to get him.”). The
Board resolved the evidence in favor of Employer.
Employer provided substantial evidence that it maintained policies
against sexual harassment and insubordination and that Claimant should have been
aware of these rules. Further, Claimant clearly violated these policies, and
Claimant’s wrongful intent may be inferred from his persistent violations of
Employer’s policies after multiple warnings and a proven ability to perform his job.
See Scott, 36 A.3d at 648; cf. Navickas, 787 A.2d at 306. Thus, Employer met its
burden to prove Claimant committed willful misconduct. Waverly Heights, 173
A.3d at 1228.
Thus, the burden shifted to Claimant to show good cause for his
insubordination and sexual harassment. Halloran, 188 A.3d at 597. Claimant’s sole
justification for violating the policy against idling his vehicle and refusing to shut it
off was that the weather was cold that day and it was necessary to keep it idling.
Hr’g Tr. at 30 (“[I]t was December 12th, which is very cold out . . . it was necessary
for me to have it idling.”). Alkhal testified that Claimant did not provide this
explanation to her when she asked him to shut off his vehicle. Hr’g Tr. at 15-16.
Rather, he became agitated and refused to follow her directive. Hr’g Tr. at 20. Based
11
At the hearing, Claimant denied signing the employee handbook. Hr’g Tr. at 34 (“That’s
not my signature. . . That’s not my name.”). Claimant does not raise the issue of his awareness of
Employer’s rules on appeal. See generally Claimant’s Br.
11
on Employer’s testimony regarding Claimant’s response to Employer’s directive and
repeated instances of rule violations, Claimant failed to meet his burden. Halloran,
188 A.3d at 597. Accordingly, the Board properly found that Claimant committed
willful misconduct. Waverly Heights, 173 A.3d at 1228; Halloran, 188 A.3d at
597.
IV. CONCLUSION
Khouri’s testimony was properly admitted into evidence as an opposing
party’s statement; therefore, Claimant’s reliance upon the Walker Rule is misplaced.
Pa.R.E. 803(25)(A); Tran, 348 A.3d at 382. Additionally, Claimant was afforded
all necessary elements of an administrative hearing required by due process.
Henderson, 77 A.3d at 715. Further, based on substantial evidence, Employer met
its burden to prove Claimant’s actions amounted to willful misconduct. Waverly
Heights, 173 A.3d at 1228. Claimant did not provide good cause to justify his history
of repeated insubordination and sexual harassment. Halloran, 188 A.3d at 597.
Thus, we affirm the Board’s decision.
LORI A. DUMAS, Judge
12
IN THE COMMONWEALTH COURT OF PENNSYLVANIA
Ana Negron, :
Petitioner :
: No. 1029 C.D. 2025
v. :
:
Unemployment Compensation Board of :
Review, :
Respondent :
ORDER
AND NOW, this 26th day of October, 2026, the order issued by the
Unemployment Compensation Board of Review on June 23, 2025, is AFFIRMED.
LORI A. DUMAS, Judge