Pennsylvania claimant awarded benefits where her actions were not connected with her work
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Friday, December 13, 2019

Pennsylvania claimant awarded benefits where her actions were not connected with her work

By Payroll and Entitlements Editorial Staff

The claimant, a clerk of courts, was entitled to benefits because her misconduct—dating an inmate without informing the court and hiding his vehicle, ostensibly used in a crime, and the $80,000 it contained—was not connected with her work. There was nothing in the record to indicate that her violations of the UJS Code of Conduct, which requires employees to avoid impropriety or the appearance of impropriety, or the alleged criminal activity, which was the cause of the claimant’s discharge, were work-related. Further, there was no evidence that her misconduct affected the claimant's ability to perform her job so as to connect her off-duty conduct to her work. Because evidence of the connection between the claimant’s code violations and her work was lacking in this instance, the court concluded that her actions did not constitute disqualifying and willful misconduct as a matter of law. Thus, the Board did not err in its determination, which was affirmed by the court (County of Allegheny Orphans' Court/Fifth Judicial District of Pennsylvania v. UCBR, Pa. Comwth. Ct., No. 1534 C.D. 2018, November 13, 2019).

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