Burger v. Unemployment Compensation Bd. of Review

No. 81 WAP 2001 (Pa. Sup. Ct. July 16, 2002) ; Clearinghouse Number: 54801

Description

Unemployment Compensation Claimant Fired for Off-the-Job Drug Use Is Not Ineligible for Benefits Based on Misconduct

Abstract

The Pennsylvania Supreme Court has held that an unemployment compensation claimant who was fired for off-the-job drug use is eligible for benefits. Plaintiff was employed as a nurse’s aide at a nursing home. After plaintiff was treated for a workplace injury, employer’s physician sent employer her medical history, which indicated that plaintiff regularly used illegally obtained prescription medications and marijuana. When questioned by her employer, plaintiff admitted that she used marijuana every evening, but claimed that she did not report to work under the influence; she denied using prescription drugs illegally. Employer fired plaintiff because of her drug use. Plaintiff’s claim for unemployment compensation was denied, and she appealed. The referee found that nothing in the record established that any of claimant’s admitted drug use, or non-admitted drug use, affected her work performance. Nonetheless, the referee held that plaintiff was ineligible for benefits based on willful misconduct. Affirming, the trial court found that claimant was at fault for her unemployment because her admitted conduct was inconsistent with acceptable standards of behavior. Reversing, the supreme court held that, although employer was justified in terminating plaintiff, the conclusion that plaintiff’s off-the-job drug use constitutes misconduct was unsupported. Noting that neither the referee nor the Unemployment Compensation Board of Review found that plaintiff’s conduct affected her work, the court held that the trial court’s erred in finding that plaintiff “could have harmed patients” and “might attempt to work in a sufficiently impaired condition.”

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Attorney Information
Docket Date
2002-07-16 00:00:00+00:00

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