Pennsylvania appellate court finds smoking policy inconsistently applied by employer, benefits awarded  
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Tuesday, December 1, 2020

Pennsylvania appellate court finds smoking policy inconsistently applied by employer, benefits awarded  

By Payroll and Entitlements Editorial Staff

The claimant was discharged for violating the employer’s smoking policy. However, the Board determined that the policy was inconsistently applied and the claimant was not ineligible to receive benefits. On appeal, the court affirmed, agreeing that the Board did not err as a matter of law because the employer failed to consistently enforce its smoking policy and managers also smoked at the company. Therefore, it could not prove a deliberate violation of that policy in order to demonstrate willful misconduct. The award of benefits was upheld (Fegley Management and Energy LLC v. UCBR, Pa. Comwth. Ct. (Unpub. Op.), No. 11 C.D. 2020, October 14, 2020). 

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